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HomeMy WebLinkAbout92-94 CC ResolutionRESOLUTION NO. 92-94 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMFFCULA APPROVING THE FIRST EXTENSIONS OF TE%IE FOR VESTING TENTATIVE TRACT MAP NO. 24182, AMENDMENT NO. 3, VESTING TENTATIVE TRACT MAP NO. 24184, AMENDMENT NO. 3, VESTING TENTATIVE TRACT MAP NO. 24185, AMENDMENT NO. 3, VESTING TENTATIVE TRACT MAP NO. 24186, AMENDMENT NO. 5, VESTING TENTATIVE TRACT MAP NO. 24187, AMENDMENT NO. 3, VESTING TENTATIVE TRACT MAP NO. 24188, AMENDMENT NO. 3 (EAST SIDE MAPS) TO CREATE 443 SINGLE FAMILY RESIDENTIAL, 21 OPEN SPACE AND 4 MULTIFAMILY LOTS (VESTING TENTATIVE TRACT MAP NO. 24182, AMENDMENT NO. 3)9 198 SINGLE FAMILY RESIDENTIAL, 12 OPEN SPACE LOTS (VESTING TENTATIVE TRACT MAP NO. 24814, AMENDMENT NO. 3)9 351 SINGLE FAMILY RESIDENTIAL, 18 OPEN SPACE LOTS (VESTING TENTATIVE TRACT MAP NO. 241859 AMENDMENT NO. 3)9 445 SINGLE FAMILY RESIDENTIAL, 14 OPEN SPACE AND 1 ELEMENTARY SCHOOL LOTS (VESTING TENTATIVE TRACT MAP NO. 24186, AMENDMENT NO 5)9 363 SINGLE FAMILY RESIDENTIAL, 10 OPEN SPACE LOTS (VESTING TENTATIVE TRACT MAP NO. 24187, AMENDMENT NO. 3)9 351 SINGLE FAMILY RESIDENTIAL, 26 OPEN SPACE, 1 ELEMENTARY SCHOOL, AND 1 NEIGBBORHOOD COMMERCIAL LOTS (VESTING TENTATIVE TRACT MAP NO. 24188, AMENDMENT NO. 3) LOCATED TO THE SOUTH OF PAUBA ROAD, NORTH OF STATE HIGHWAY 79, WEST OF BUTTERFIELD STAGE ROAD AND EAST OF MEADOWS PARKWAY. WHEREAS, Bedford Development Corporation filed a request for the First Extensions of Time for Vesting Tentative Tract Map No. 24182, Amendment No. 3, Vesting Tentative Tract Map No. 24184, Amendment No. 3, Vesting Tentative Tract Map No. 24185, Amendment No. 3, Vesting Tentative Tract Map No. 24186, Amendment No. 5, Vesting Tentative Tract Map No. 24187, Amendment No. 3, Vesting Tentative Tract Map No. 24188, Amendment No. 3 in accordance with the Riverside County Land Use, Zoning, Planning and Subdivision Ordinances, which the City has adopted by reference; WHEREAS, the Planning Commission considered said Time Extensions for the East Side Maps on November 16, 1992 at which time interested persons had an opportunity to testify either in support or opposition; WHEREAS, at the conclusion of the Commission hearing, the Commission recommended approval of said Extensions of Time for the East Side Maps; Reso92-94 -1- WHEREAS, the City Council considered said Time Extensions for the East Side Maps on December 8, 1992, at which time interested persons had an opportunity to testify either in support or opposition; WHEREAS, at the conclusion of the Council hearing, the Council approved said Time Extensions for the East Side Maps; NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF TEIV~ECULA DOES RESOLVE, DETERMINE AND ORDER AS FOLLOWS: Section 1. Findings- That the Temecula City Council hereby makes the following findings: A. Pursuant to Government Code Section 65360, a newly incorporated city shall adopt a general plan within thirty (30) months following incorporation. During that 30-month period of time, the city is not subject to the requirement that a general plan be adopted or the requirements of state law that its decisions be consistent with the general plan, if all of the following requirements are met: 1. The city is proceeding in a timely fashion with the preparation of the general plan. 2. The planning agency finds, in approving projects and taking other actions, including the issuance of building permits, each of the following: a. There is a reasonable probability that the land use or action proposed will be consistent with the general plan proposal being considered or studied or which will be studied within a reasonable time. b. There is little or no probability of substantial detriment to or interference with the future adopted general plan if the proposed use or action is ultimately inconsistent with the plan. C. The proposed use or action complied with all other applicable requirements of state law and local ordinances. B. The Riverside County General Plan, as amended by the Southwest Area Community Plan, (hereinafter "SWAP") was adopted prior to the incorporation of Temecula as the General Plan for the southwest portion of Riverside County, including the area now within the boundaries of the City. At this time, the City has adopted SWAP as its General Plan guidelines while the City is proceeding in a timely fashion with the preparation of its General Plan. Reso92-94 -2- C. Pursuant to Section 7.1 of County Ordinance No. 460, no subdivision may be approved unless the following findings are made: 1. That the proposed land division is consistent with applicable general and specific plans. 2. That the design or improvement of the proposed land division is consistent with applicable general and specific plans. 3. That the site of the proposed land division is physically suitable for the type of development. 4. That the site of the proposed land division is physically suitable for the proposed density of the development. 5. That the design of the proposed land division or proposed improvements are not likely to cause substantial environmental damage or substantially and unavoidably injure fish or wildlife or their habitat. 6. That the design of the proposed land division or the type of improvements are not likely to cause serious public health problems. 7. That the design of the proposed land division or the type of improvements will not conflict with easements, acquired by the public at large, for access through, or use of, property within the proposed land division. A land division may be approved if it is found that alternate easements for access or for use will be provided and that they will be substantially equivalent to ones previously acquired by the public. This subsection shall apply only to easements of record or to easements established by judgment of a court of competent jurisdiction. A. The Council in approving of the proposed Extensions of Time for the East Side Maps, makes the following findings, to wit: East Side Maps (Vesting Tentative Tract Map No. 24182, Amendment No. 3; Vesting Tentative Tract Map No. 24184, Amendment No. 3; Vesting Tentative Tract Map No. 24185, Amendment No. 3; Vesting Tentative Tract Map No. 24186, Amendment No. 5; Vesting Tentative Tract Map No. 24187, Amendment No. 3; Vesting Tentative Tract Map No. 24188, Amendment No. 3) 1. There is a reasonable probability that the East Side Maps will be consistent with the City's future General Plan, which will be completed in a reasonable time and in accordance with State law. The project, as conditioned, conforms with existing applicable city zoning ordinances and development standards. Furthermore, the proposed density of the project is consistent with the future General Plan Land Use Designation of Low Medium Density Reso92-94 -3- Residential, Commercial and Public Institutional. 2. There is not a likely probability of substantial detriment to, or interference with the City's future General Plan, if the proposed use is ultimately inconsistent with the Plan, since the surrounding land uses are single family dwellings, schools and vacant land. 3. The proposed use or action as conditioned complies with State planning and zoning laws. Reference local Ordinances No. 348, 460; and California Governmental Code Sections 65000-66009 (Planning and Zoning Law). 4. The Planning Commission has considered the effect of its action upon the housing needs of the region and has balanced these needs against the public service needs of the residents and available fiscal and environmental resources (Gov. Code Section 66412.3) and finds that the project density is consistent with SWAP and the future General Plan. Additionally, it will provide more diversity in the housing type available to the residents of the City of Temecula. 5. The proposed project will not result in discharge of waste into the existing sewer system that is in violation of the requirements as set out in Section 13,000 et seq. of the California Water Code since the project has been conditioned to comply with Eastern Municipal Water District's requirements. 6. The design of the subdivisions provide to the extent feasible, for future passive or natural heating or cooling opportunities in the subdivision (Gov. Code Section 66473.1) by limiting the height of the future structures to 40 feet and requiring setbacks according to the R-1 standards. 7. The project has acceptable access by means of dedicated right-of-way and as conditioned. 8. The project is consistent with the intent of the original project approved by the County of Riverside. 9. The maps are consistent with the provisions of Specific Plan No. 219, Amendment No. 3. 10. Said Findings are supported by minutes, maps, exhibits and environmental documents associated with this application and herein incorporated by reference, due to the fact that they are referenced in the attached Staff Report, Exhibits, Environmental Assessment, and Conditions of Approval. A. As conditioned pursuant to Section 3, the First Extensions of Time for the East Side Maps are compatible with the health, safety and welfare of the community. Reso92-94 -4- Section 2. Environmental Compliance. An addendum has been prepared for this project which identified no additional impacts as a result of the changes in the project. Therefore, staff has recommended Certification of the Addendum to EIR No. 235. Section 3. Conditions. That the City of Temecula City Council hereby approves First Extensions of Time for the East Side Maps (Vesting Tentative Tract Map No. 24182, Amendment No. 3; Vesting Tentative Tract Map No. 24184, Amendment No. 3; Vesting Tentative Tract Map No. 24185, Amendment No. 3; Vesting Tentative Tract Map No. 24186, Amendment No. 5; Vesting Tentative Tract Map No. 24187, Amendment No. 3 and Vesting Tentative Tract Map No. 24188, Amendment No. 3 located to the south of Pauba Road, north of State Highway 79, west of Butterfield Stage Road and east of Meadows Parkway subject to the following conditions: A. Attachment No. 6, attached hereto. Section 4. The City Clerk shall certify the adoption of this Resolution. PASSED, APPROVED AND ADOPTED this 8th day of December, 1992. Patricia H. Birdsall, Mayor ATTEST: S. Greek, City Clerk [SEAL] Reso92-94 -5- STATE OF CALIFORNIA) COUNTY OF RIVERSIDE) SS CITY OF TEMECULA ) I HEREBY CERTIFY that the foregoing Resolution was duly adopted by the City Council of the City of Temecula at a regular meeting thereof, held on the 8th day of December, 1992 by the following roll call vote: AYES: 4 COUNCILMEMBERS: Roberts, Stone, Parks, Munoz NOES: 0 COUNCILMEMBERS: None ABSENT: 1 COUNCILMEMBERS: Birdsall ne S. Greek, City Reso92-94 -6- Cle& CITY OF TEMECULA CONDITIONS OF APPROVAL Vesting Tentative Tract Map No: 241'82, Amendment No. 3, First Extension of Time Project Description: To subdivide 136.2 acres into 443 Single Family Residential, 21 Open Space and 4 Multi-Family Residential lots. Assessor's Parcel No.: 926-130-036 926-130-037 926-130-038 926-130-039 926-130-040 Approval Date: Expiration Date: PLANNING DEPARTMENT The tentative subdivision shall comply with the State of California Subdivision Map Act and to all the requirements of Ordinance 460, unless modified by the conditions listed below. A time extension may be approved in accordance with the State Map Act and City Ordinance, upon written request, if made 30 days prior to the expiration date. 2. Any delinquent property taxes shall be paid prior to recordation of the final map. 3. Subdivision phasing shall be subject to Planning Department Approval. 4. Prior to recordation of the final map, an Environmental Constraints Sheet (ECS) shall be prepared in conjunction with the final map to delineate identified environmental concerns and shall be permanently filed with the office of the City Engineer. A copy of the ECS shall be transmitted to the Planning Department for review and approval. The approved ECS shall be forwarded with copies of the recorded final map to the Planning Department and the Department of Building and Safety. The following notes shall be placed on the ECS: A. "This property is located within thirty (30) miles of Mount Palomar Observatory. All proposed outdoor lighting systems shall comply with the California Institute of Technology, Palomar Observatory Outdoor Lighting Policy.' B. "EIR No. 235 and an Addendum to this EIR was prepared for this project and is on file at the City of Temecula Planning Department." S%TAFFRPn24102ALL.COA 5. Prior to the issuance of GRADING PERMITS the following conditions shall be satisfied: A. If the project is to be phased, prior to the approval of grading permits, an overall conceptual grading plan shall be submitted to the Planning Director for approval. The plan shall be used as a guideline for subsequent detailed grading plans for individual phases of development and shall include the following: (1) Techniques which will be utilized to prevent erosion and sedimentation during and after the grading process. (2) Approximate time frames for grading. and identification of areas which may be graded during the higher probability rain months of January through March. (3) Preliminary pad and roadway elevations. (4) Areas of temporary grading outside of a particular phase B. The developer shall provide evidence to the Director of Building and Safety that all adjacent off-site manufactured slopes have recorded slope easements and that slope maintenance responsibilities have been assigned as approved by the Director of Building and Safety. C. The applicant shall comply with the provisions of Ordinance No. 663 by paying the appropriate fee set forth in that ordinance. Should Ordinance No. 663 be superseded by the provisions of a Habitat Conservation Plan prior to the payment of the fee required by Ordinance No. 663, the applicant shall pay the fee required by the Habitat Conservation Plan as implemented by County ordinance or resolution. Prior to the issuance of BUILDING PERMITS the following conditions shall be satisfied: A. No building permits shall be issued by the City for any residential lot/unit within the project boundary until the developer or its successor's-in-interest provides evidence of compliance with public facility financing measures. A cash sum of one-hundred dollars ($100) per lot/unit shall be deposited with the City as mitigation for public library development. B. With the submittal of building plans to the Department of Building and Safety a copy of the acoustical study prepared by Wilber Smith Associates dated September 22, 1992 and revised October 3, 1992 shall be submitted to ensure the implementation of the study to reduce ambient interior noise levels to 45 Ldn and exterior noise levels to 65 Ldn. C. Roof-mounted mechanical equipment shall not be permitted within the subdivision, however solar equipment or any other energy saving devices shall be permitted with Planning Department approval. S%STAFFFPT%24I STALLCOA 2 7. The subdivider shall defend, indemnify, and hold harmless the City of Temecula, its agents, officer, and employees from any claim, action, or proceeding against the City of Temecula or its agents, officer, or employees to attach, set aside, void, or annul an approval of the City of Temecula, its advisory agencies, appeal boards or legislative body concerning Vesting Tentative Tract Map No. 24182, Amendment No. 3, which action is brought within the time period provided for in California Government Code Section 66499.37. The City of Temecula will promptly notify the subdivider of any such claim, action, or proceeding against the City of Temecula and will cooperate fully in the defense. If the City fails to promptly notify the subdivider of any such claim, action, or proceeding or fails to cooperate fully in the defense, the subdivider shall not, thereafter, be responsible to defend, indemnify, or hold harmless the City of Temecula. 8. The Covenants, Conditions and Restrictions (CC&R's) shall be reviewed and approved by the Planning Department prior to final map recordation of the tract maps. The CC&R's shall include liability insurance and methods of maintaining the open space, recreation areas, parking areas, private roads, and exterior of all buildings and parkways. (Amended by Planning Commission on November 16, 1992). 9. No lot or dwelling unit in the development shall be sold unless a corporation, association, property owner's group, or similar entity has been formed with the right to assess all properties individually owned or jointly owned which have any rights or interest in the use of the common areas and common facilities in the development, such assessment power to be sufficient to meet the expenses of such entity, and with authority to control, and the duty to maintain, all of said mutually available features of the development. Such entity shall operate under recorded CC&R's which shall include compulsory membership of all owners of lots and/or dwelling units and flexibility of assessments to meet changing costs of maintenance, repairs, and services. Recorded CC&R's shall permit enforcement by the City of Provisions required by the City as Conditions of Approval. The developer shall submit evidence of compliance with this requirement to, and receive approval of, the City prior to making any such sale. This condition shall not apply to land dedicated to the City for public purposes. 10. (Amended by Planning Commission on November 16, 1992). 11. Every owner of a dwelling unit or lot shall own as an appurtenance to such dwelling unit or lot, either (1) an undivided interest in the common areas and facilities, or (2) as share in the corporation, or voting membership in an association, owning the common areas and facilities. 12. Within forty-eight (48) hours of the approval of this project, the applicant/developer shall deliver to the Planning Department a cashiers check or money order payable to the County Clerk in the amount of Eight Hundred, Seventy-Five Dollars ($875.00) which includes the Eight Hundred, Fifty Dollar ($850.00) fee, in compliance with AS 3158, required by Fish and Game Code Section 711.4(d)(3) plus the Twenty-Five Dollar ($25.00) County administrative fee, to enable the City to file the Notice of Determination required under Public Resources Code Section 21152 and 14 Cal. Code of Regulations 15094. If within such forty-eight (48) hour period the applicant/developer has not delivered to the Planning Department the check required S%$TAFFFFr,24192ALL.COA 3 above, the approval for the project granted herein shall be void by reason of failure of condition, Fish and Game Code Section 711.4(c). 13. A Neighborhood Entry Statement shall be constructed per Figure 37 of Specific Plan No. 219, Amendment No. 3 for Streets G, H, S and the two future entrances to the 20.0 acre Very High Density Residential parcels. 14. Bicycle trails shall be constructed per Figure 6 of Specific Plan No. 219, Amendment No. 3 along Street A, Class II and DePortola Road, Class I. 15. A Major Project Entry Statement shall be constructed per Figure 35 of Specific Plan No. 219, Amendment No. 3 for Lot 446. 16. Minor Project Entry Statements shall be constructed per Figures 35 and 36 of Specific Plan No. 219, Amendment No. 3 for lots 452 and 460. 17. Minor Community Entry Statements shall be constructed per Figures 32 of Specific Plan No. 219, Amendment No. 3 for lots 458 and 454. 18. A Landscaped Transition Area shall be constructed per Figure 13C of Specific Plan No. 219, Amendment No. 3 for lot 450. This Landscaped Transition Area shall be incorporated into a 25 to 40 foot minimum building setback for the development of structures on lots 465, 466, 467 and 468 at the Plot Plan stage. 19. Roadway landscape treatment shall be constructed per Figure 238 of Specific Plan No. 219, Amendment No. 3 for Meadows Parkway. 20. Roadway landscape treatment shall be constructed per Figure 25 of Specific Plan No. 219, Amendment No. 3 for State Highway 79. 21. Roadway landscape treatment shall be constructed per Figure 23A of Specific Plan No. 219, Amendment No. 3 for Butterfield Stage Road. 22. Roadway landscape treatment shall be constructed per Figure 23B of Specific Plan No. 219, Amendment No. 3 for DePortola Road. 23. Roadway landscape treatment shall be constructed per Figure 23B of Specific Plan No. 219, Amendment No. 3 for Street A. 24. The Landscape Development Zone (LDZ) along Major Community Street Scenes including Meadows Parkway, DePortola Road and Butterfield Stage Road and State Highway 79 shall use Deciduous Accent Grove Trees, Evergreen Background Grove Trees and Informal Street Tree Groupings identified on the plant palette per Section IV.C.1.b.2.a., b. and c. of Specific Plan No. 219, Amendment No. 3. 25. The LDZs along the Project Street Scene, Street A, shall use the plant palette per Section IV.C.1.c.1. of Specific Plan No. 219, Amendment No. 3. 26. The landscaping for lots 458, 446 and 454 shall use the Accent Trees on the plant palette in Section IV.C.1.d.1. and 2. of Specific Plan No. 219, Amendment No. 3. MTAFFPPT124182ALL.COA 4 27. The plant palette for Evergreen Background Grove Trees per Section IV.C.1.d.4.a of Specific Plan No. 219, Amendment No. 3 and the plant palette for Deciduous Accent Grove Trees per Section Iv.C.1.b.2.a. shall be used for the landscape buffer zones in lot 450. 28. The Very High Density Residential landscape requirements shall be consistent with Section IV.C.3.c.1 through 14 of Specific Plan No. 219, Amendment No. 3. 29. Community Theme Solid Walls or Community Theme Tubular Steel Open Fence or a combination of the two shall be constructed per Figure 40 of Specific Plan No. 219, Amendment No. 3; the finish and color of these walls shall be consistent with Section IV.C.2.b.2.e. of Specific Plan No. 219, Amendment No. 3. These walls shall be constructed along Butterfield Stage Road, State Highway 79, Meadows Parkway, Street A and DePortola Road. 30. Project Masonry Walls and Project View Walls shall be constructed per Figure 41 of Specific Plan No. 219, Amendment No. 3; these walls shall be constructed along Streets G, H and S. 31. The Medium High Density Residential landscape requirements shall be consistent with Section IV.C.3.c.1. through 14. of Specific Plan No. 219, Amendment No. 3. 32. The Medium Density Residential landscape requirements shall be consistent with Section IV.C.3.d.1. through 7. of Specific Plan No. 219, Amendment No. 3. 33. The accent trees identified in Section W.C.143. of Specific Plan No. 219, Amendment No. 3 shall be used for the landscaping for Streets G, H and S. 34. The plant material palette identified in Section W.C.1.e, of Specific Plan No; 219, Amendment No. 3 may be used in conjunction with all other specified plant palettes. 35. The seed mix for Turf Grass identified in Section IV.C.1.e of Specific Plan No. 219, Amendment No. 3 shall be used throughout the project. Comparable sod may be used instead of the seed mix. 36. shall be seeUF8 11! 1: F., 1:1, 11 1675, A )eF4&mW"e0_bepd (Amended by Planning Commission on November 16, 1992). 37. A performance bond and a one year maintenance bond shall be required for all landscaping installed except for landscaping within individual lots. The amount of this landscaping shall be subject to the approval of the Planning Department. This bond shall be secured after completion of the landscaping and prior to release of the dwelling units tied to the timing of the landscaped area. (Amended by Planning Commission on November 16, 1992). S%STAFFFVM4182ALL.COA 38. Erosion control plarttfng shall commence as soon as slopes are completed on any portion of the site during and following grating operations. A performance bond shall be secured with the Planning Department prior to issuance of any grading permits to insure the installation of this landscaping. Cut slopes equal to or greater than five (5) feet in vertical height and fill slopes equal to or greater than three (3) feet in vertical height shall be planted with a ground cover to protect the slope from erosion and instability. Slopes exceeding fifteen (15) feet in vertical height shall be planted with shrubs, spaced not more than ten (10) feet on center or trees spaced not to exceed twenty (20) feet on center or a combination of shrubs and trees at equivalent spacings, in addition to the ground cover. Other standards of erosion control shall be consistent with Ordinance No. 457.57. (Amended by Planning Commission on November 16, 1992). 39. Irrigation for the project site shall be consistent with Section IV.C. t .j. of Specific Plan No. 219, Amendment No. 3. 40. Community Theme Walls may be substituted for Project Theme Walls at the developers discretion. 41- Wood fencing shall only be allowed along the side yards and the rear yards of single family dwellings. Project Theme Walls shall be used along the side yards facing the street for corner lots. 42. The residential lot street tree requirements and front yard requirements shall be consistent with Section IV.C.3.a.1.,2., and 3. of Specific Plan No. 219, Amendment No. 3. 43. All lighting within the project shall be consistent with Section IV.C.S of Specific Plan No. 219, Amendment No. 3. 44. All future development on this site will require further review and approval by the City of Temecula. These developments shall be consistent with the Purpose and Intent of the Architecture and Landscape Guidelines set forth in the Design Guidelines of Specific Plan No. 219, Amendment No. 3 (Section IV). 45. All future development within this project shall comply with applicable Zoning Ordinance Standards adopted for Specific Plan No. 219, Amendment No. 3. 46. The amenities and standards identified in Section III.A.7.a. and b. of Specific Plan No. 219, Amendment No. 3 for parks, recreation areas, activity nodes, private active participation opportunities, open space, greenbelt paseos and parkway paseos shall be used for developing these areas or as modified by the Development Agreement 92- 0013. 47. Maintenance and timing for completion of all open space areas shall be as identified in Development Agreement 92-0013 or shall be consistent with Specific Plan No. 219, Amendment No. 3, if the Development Agreement is null and void. 48. A Mitigation Monitoring Program shall be submitted and approved by the Planning Department prior to recordation of the Final Map. SWACCnvnuisuu.con 6 49. A conceptual landscape plan shall be submitted to the Planning Department prior to recordation of the Final Map for review and approval. The following needs to be included in these plans: A. Typical front yard landscaping for interior, corner and cul-de-sac lots. B. Typical slope landscaping. C.. Private and public park improvements and landscaping. D. All open space area landscaping including, private and public common areas, private recreational areas, paseos, equestrian trails, monuments and the Landscape Development Zones. E. All landscape plans shall identify the number and size of all plants, the type of irrigation to be used, all hardscaping, fences and walls. F. The timing for installation of all landscaping, walls and trails shall be identified prior to approval of these plans. G. The plant heights at sensitive locations for traffic safety shall be subject to the approval of the Public Works Department. H. The timing for submittal and approval of the construction landscape plans shall be identified for all improvements within this condition. A note shall be added to all conceptual landscape plans that all utility service areas and enclosures shall be screened from view with landscaping. This equipment shall be identified on the construction landscape plans and shall be screened as specified on this condition. J. The responsibility for installation of all landscaping and walls shall be identified K. All private open space areas that will not be dedicated to the City as identified in the Development Agreement shall be developed as an integrated part of the open space lot that they are a part of and shall be consistent with the provisions of the Specific Plan No. 219, Amendment No. 3. L. Fifty (50) percent of all trees planted within the project shall be a minimum of twenty four (24) inch box. The landscape plans proposed for each phase shall incorporate the fifty (50) percent mix of twenty four (24) inch box trees into the design. M. A note shall be placed on the conceptual landscape plans that all trees shall be double staked and automatic irrigation shall be installed for all landscaping. These provisions shall be incorporated into the construction plans. 50. The development of this project and all subsequent developments within this project shall be consistent with Specific Plan No. 219, Amendment No. 3 and Planning Application No. 92-0013 (Development Agreement), or any subsequent amendments. S%TAR%FT124182AU-C0A 7 51. If the Gnatcatcher is listed as an endangered species, proper studies and mitigation measures shall be necessary prior to issuance of grading permits. These studies and mitigation measures shall be acceptable to Fish and Game and/or Fish and Wildlife. 52. Double-pane window treatment shall be required for second floor elevation windows in any two-story homes constructed on the lots identified in the Acoustical Study prepared by Wilber Smith Associates dated September 22, 1992 and its supplement dated October 3, 1992. 53. A Private Active Participation Opportunity Area shall be constructed for lots 465, 466, 467 and 468. This area may include facilities such as pools, spas, cabanas, meeting rooms, barbecues, wet-bars and kitchen facilities. This area shall be a minimum of 1.05 acres. 54. A Plot Plan shall be filed for the development of lots 465, 466, 467 and 468. The individual developments within these lots shall be consistent with this plot plan. 55. All two-story residential structures shall maintain a 40-foot setback from the State Route 79 right-of-way (this condition applies to single family dwellings only). 56. Lots 80, 81, 239, 240, 275 and 276 (which have side structure exposure) shall be limited to one-story residential dwellings unless the 40-foot setback requirement (identified in Condition No. 55) can be met during final site design. 57. The following conditions shall apply to lots 465, 466, 467 and 468: A. Future multi-family structures located on the site ekeuld shall maintain a minimum 40-foot setback from the property line along State Route 79 and a minimum 30-foot setback from the property lines adjacent to Meadows Parkway and "A" Street. (Amended by Planning Commission on November 16, 1992). B. Any future multi-family structures located within the 65 dBA noise level contour shall be constructed with double paRed w"Fidewe to maintain interior noise levels at 45 dBA or less (refer to Wilber Smith Associates Noise Study dated September 22, 1992 and subsequent Study dated October 3, 1992). (Amended by Planning Commission on November 16, 1992). C. Any outdoor activity/recreation areas developed as part of the multi-family residential project shall be located in the center portion of the site where exterior noise levels would be below 65 dBA (refer to Wilber Smith Associates Noise Study dated September 22, 1992 and subsequent Study dated October 3, 1992). OTHER AGENCIES 58. The applicant shall comply with the environmental health recommendations outlined in the County Health Department's transmittal dated October 6, 1992, a copy of which is attached. sus*AFmmT24182ALLCOA 8 59. The applicant shall comply with the flood control recommendations outlined in the Riverside County Flood Control District's letter dated October 22, 1992, a copy of which is attached. If the project lies within an adopted flood control drainage area pursuant to Section 10.25 of City of Temecula Land Division Ordinance 460, appropriate fees for the construction of area drainage facilities shall be collected by the City prior to issuance of Occupancy Permits. 60. The applicant shall comply with the fire improvement recommendations outlined in the County Fire Department's letter dated October 15, 1992, a copy of which is attached. 61. The applicant shall comply with the recommendations outlined in the Department of Transportation transmittal dated January 23, 1992, a copy of which is attached. 62. The applicant shall comply with the recommendations outlined in the Rancho Water District transmittal date January 21, 1992, a copy of which is attached. 63. The applicant shall comply with the recommendations outlined in the Riverside Transit Agency transmittal dated January 21, 1992, a copy of which is attached. 64. The applicant shall comply with the recommendation outlined in the Temecula Valley Unified School District transmittal dated May 7, 1992, a copy of which is attached. BUILDING AND SAFETY DEPARTMENT 65. All proposed construction shall comply with the California Institute of Technology, Palomar Observatory Outdoor Lighting Policy. COMMUNITY SERVICES DEPARTMENT The following items are the City of Temecula, Community Services Department (TCSD) Conditions of Approval for this project and shall be completed at no cost to any Government Agency. The conditions shall be complied with as set forth below, or as modified by separate Development Agreement. All questions regarding the true meaning of the Conditions shall be referred to the Development Service Division of TCSD. Prior to Recordation of Final Map(s) 66. Proposed community park sites of less than three (3) acres are to be maintained by an established Home Owners Association IHOA), until offered and accepted by the TCSD for maintenance purposes. (Amended by Planning Commission on November 16, 1992). 67. applisatien PFeeese:- (Amended by Planning Commission on November 16, 1992). 68. All proposed slopes, open space, and park land intended for dedication to the TCSD for maintenance purposes shall be identified on the final map by numbered lots and indexed to identify said lot numbers as a proposed TCSD maintenance area. S1.4TAFFF V U41SIIALLCOA 9 69. Exterior slopes (as defined as: those slopes contiguous to public streets that have a width of 66' or wider), shall be offered for dedication to the TCSD for maintenance purposes following compliance to existing City standards' and completion of an application process. All other slopes shall be maintained by an established Home Owners Association (HOA). 70. Proposed open space areas shall be maintained by an established Home Owners Association (HOA). Open space areas of three (3) acres or greater W404 may be offered for dedication to the TCSD for maintenance purposes and possible further recreational development, following compliance to existing City standards and completion of an application process. (Amended by Planning Commission on November 16, 1992). 71. Prior to recordation of final map, the applicant or his assignee, shall offer for dedication parkland as identified in the Development Agreement. 72. All necessary documents to convey to the TCSD any required easements for parkway and/or slope maintenance as specified on the tentative map or in these Conditions of Approval shall be submitted by the developer or his assignee prior to the recordation of final map. 73. Landscape conceptual drawings for project areas (project areas may consist of slopes, streetscape, medians, turf areas, recreational trails, parks, and etc. that are to be maintained by the TCSD) identified as TCSD maintenance areas shall be reviewed and approved by TCSD staff prior to recordation of final map. 74. All areas identified for inclusion into the TCSD shall be reviewed by TCSD staff. Failure to submit said areas for staff review prior to recordation of final map VVW may preclude their inclusion into the TCSD. (Amended by Planning Commission on November 16, 1992). 75. If the EROiRSOF d8fSFFRiR8S the! (Amended by Planning Commission on November 16, 1992). Prior to Issuance of Certificate of Occ »ancv(sl 76. It shall be the developer's, the developer's successors or assignee responsibility to disclose the existence of the TCSD, its zones and zone fees to all prospective purchasers at the same time they are given the parcel's Final Public Report. Said disclosure shall be made in a form acceptable to the TCSD. Proof of such disclosure, by means of a signed receipt for same, shall be retained by the developer or his successors/assignee and made available to TCSD staff for their inspection in the same manner as set forth in Section 2795.1 of the Regulations Of The Real Estate Commissioner. Failure to comply shall preclude acceptance of proposed areas into TCSD. S%TAFFRPn24181A11.COA 10 77. Prior to issuance of ay certificates of occupancy, the developer or his assignee shall submit, in a format as directed by TCSD staff, the most current list of Assessor's Parcel Numbers assigned to the final project. General 78. All landscape plans submitted for consideration shall be in conformance with CITY OF TEMECULA LANDSCAPE DEVELOPMENT PLAN GUIDELINES AND SPECIFICATIONS. 79. The developer, the developer's successors or assignee, shall be responsible for all landscaping maintenance until such time as maintenance duties are accepted by the TCSD. PUBLIC WORKS DEPARTMENT The following are the Department of Public Works Conditions of Approval for this project, and shall be completed at no cost to any Government Agency. All previous conditions of approval shall remain in force except as superseded or amended by the following requirements. All questions regarding the true meaning of the conditions shall be referred to the appropriate staff person of the Department of Public Works. It is understood that the Developer correctly shows on the tentative map or site plan all existing and proposed easements, traveled ways, improvement constraints and drainage courses, and their omission may require the project to be resubmitted for further review and revision. GENERAL REQUIREMENTS 80. A Grading Permit for either rough or precise (including all onsite flat work and improvements) construction shall be obtained from the Department of Public Works prior to commencement of any construction outside of the City-maintained road right- of-way. 81. An Encroachment Permit shall be obtained from the Department of Public Works prior to commencement of any construction within an existing or proposed City right-of-way. 82. A copy of the grading and improvement plans, along with supporting hydrologic and hydraulic calculations shall be submitted to the Riverside County Flood Control District for approval prior to recordation of the final map or the issuance of any permits. 83. All improvement plans, grading plans, landscape and irrigation plans shall be coordinated for consistency with adjacent projects and existing improvements contiguous to the site. SASTAFFWr,24I03NIC0A 11 84. Pursuant to Section 66493 of the Subdivision Map Act, any subdivision which is part of an existing Assessment District must comply with the requirements of said section. PRIOR TO ISSUANCE OF GRADING PERMITS: 85. The final grading plan shall be prepared by a Registered Civil Engineer and shall be reviewed and approved by the Department of Public Works. 86. All lot drainage shall be directed to the driveway by side yard drainage swales independent of any other lot, or other devices as otherwise approved by the Department of Public Works. (Amended by Planning Commission on November 16, 1992). 87. Prior to issuance of a grading permit, developer must comply with the requirements of the National Pollutant Discharge Elimination System (NPDES) permit from the State Water Resources Control Board. No grading shall be permitted until an NPDES Notice of Intent has been filed or the project is shown to be exempt. 88. Prior to the issuance of a grading permit, the developer shall receive written clearance from the following agencies: • San Diego Regional Water Quality; • Riverside County Flood Control District; • Planning Department; • Department of Public Works; • CalTrans; • General Telephone; • Southern California Edison Company; and • Southern California Gas Company. 89. A Soils Report shall be prepared by a registered soils engineer and submitted to the Department of Public Works with the initial grading plan check. The report shall address all soils conditions of the site, and provide recommendations for the construction of engineered structures and pavement sections. 90. An erosion control plan shall be prepared by a registered civil engineer and submitted to the Department of Public Works for review and approval. 91. Graded but undeveloped land shall be maintained in a weedfree condition and shall be either planted with interim landscaping or provided with other erosion control measures as approved by the Department of Public Works. 92. A flood mitigation charge shall be paid. The charge shall equal the prevailing Area Drainage Plan fee rate multiplied by the area of new development. The charge is payable to the Flood Control District prior to issuance of permits. If the full Area Drainage Plan fee or mitigation charge has been already credited to this property, no new charge needs to be paid. SXSTAFFFPn24182/L.COA 12 93. The developer shall obtain any necessary letters of approval or easements for any offsite work performed on adjacent properties as directed by the Department of Public Works. 94. A drainage study shall be submitted to the Department of Public Works for review and approval. The drainage study shall include, but not be limited to, the following criteria: a. Drainage and flood protection facilities which will protect all structures by diverting site runoff to streets or approved storm drain facilities as directed by the Department of Public Works. b. Identify and mitigate impacts of grading to any onsite or offsite drainage course. C. The location of existing and post development 100-year floodplain and floodway shall be shown on the improvement plan. 95. The subdivider shall accept and properly dispose of all off-site drainage flowing onto or through the site. In the event the Department of Public Works permits the use of streets for drainage purposes, the provisions of Section XI of Ordinance No. 460 will apply. Should the quantities exceed the street capacity, or use of streets be prohibited for drainage purposes, the subdivider shall provide adequate facilities as approved by the Department of Public Works. 96. The subdivider shall protect downstream properties from damages caused by alteration of the drainage patterns; i.e., concentration or diversion of flow. Protection shall be provided by constructing adequate drainage facilities, including enlarging existing facilities or by securing a drainage easement. 97. A drainage easement shall be obtained from the affected property owners for the release of concentrated or diverted storm flows onto the adjacent property. A copy of the drainage easement shall be submitted to the Department of Public Works for review prior to recordation. The location of the recorded easement shall be delineated on the grading plan. 98. An Encroachment Permit shall be required from Caltrans for any work within their right- of-way. 99. A permit from Riverside County Flood Control District is required for work within their right-of-way. PRIOR TO THE ISSUANCE OF ENCROACHMENT PERMITS: 100. All necessary grading permit requirements shall have been submitted /accomplished to the satisfaction of the Department of Public Works. 101. Improvement plans, including but not limited to, streets, parkway trees, street lights, driveways, drive aisles, parking lot lighting, drainage facilities and paving shall be prepared by a Registered Civil Engineer on 24" x 36' mylar sheets and approved by the Department of Public Works. Final plans (and profiles on streets) shall show the S13TAFFWr\241e2Au.C0A 13 location of existing utility facilities and easements as directed by the Department of Public Works. 102. The following criteria shall be observed in the design of the improvement plans to be submitted to the Department of Public Works: A. Flowline grades shall be 0.5% minimum over P.C.C. and 1.00% minimum over A.C. paving. B. Driveways shall conform to the applicable City of Temecula standards 207/207A and 401 (curb and sidewalk). C. Street lights shall be installed along the public streets adjoining the site in accordance with Ordinance 461 and shall be shown on the improvement plans as directed by the Department of Public Works. D. Concrete sidewalks shall be constructed along public street frontages in accordance with City standard 400 and 401. E. Improvement plans shall extend 300 feet beyond the project boundaries or as otherwise approved by the Department of Public Works. F. Minimum centerline radii shall be in accordance with City standard 113 or as otherwise approved by the Department of Public Works. G. All reverse curves shall include a 100 foot minimum tangent section or as otherwise approved by the Department of Public Works. H. All street and driveway centerline intersections shall be at 90 degrees or as approved by the Department of Public Works. I. Landscaping shall be limited in the corner cut-off area of all intersections and adjacent to driveways to provide for minimum sight distance and visibility. j. All concentrated drainage directed towards the public street from the multi- family residential site shall be conveyed through undersidewalk drains. 103. The minimum centerline grade for streets shall be 0.50 percent or as otherwise approved by the Department of Public Works. 104. Improvement plans per City Standards for the private streets or drives within the multi- family residential development shall be required for review and approval by the Department of Public Works. 105. All driveways shall conform to the applicable City of Temecula standards and shall be shown on the street improvement plans in accordance with City Standard 207 and 208. 106. All driveways shall be located a minimum of two (2) feet from the side property line. S\STAFF Pru4ie2AU.coA 14 107. All utility systems including gas, electric, telephone, water, sewer, and cable TV shall be provided for underground, with easements provided as required, and designed and constructed in accordance with City Codes and the utility provider. Telephone, cable TV, and/or security systems shall be pre-wired in the residence. 108. All utilities, except electrical lines rated 33kv or greater, shall be installed underground. 109. A construction area traffic control plan shall be designed by a registered Civil Engineer and approved by the City Engineer for any street closure and detour or other disruption to traffic circulation as required by the Department of Public Works. PRIOR TO RECORDATION OF FINAL MAP: 110. The developer shall construct or post security and enter into an agreement guaranteeing the construction of the following public improvements in conformance with applicable City Standards and subject to approval by the Department of Public Works. A. Street improvements, which may include, but are not limited to: pavement, curb and gutter, sidewalks, drive approaches, street lights, signing, traffic signals and other traffic control devices as appropriate. B. Storm drain facilities C. Landscaping (slopes and parkways). D. Erosion control and slope protection. E. Sewer and domestic water systems. F. All trails, as required by the City's Master Plans. G. Undergrounding of proposed utility distribution lines. 111. As deemed necessary by the Department of Public Works, the developer shall receive written clearance from the following agencies: Rancho California Water District: Eastern Municipal Water District; Riverside County Flood Control District; - City of Temecula Fire Bureau; - Planning Department; - Department of Public Works; - Riverside County Health Department; - CATV Franchise; - CalTrans; - Parks and Recreation Department; - General Telephone; - Southern California Edison Company; and - Southern California Gas Company suTnrpmrUaiazaLL.CoA 15 112. If phasing of the map for construction is proposed, legal all-weather access as required by Ordinance 460 shall be provided from the tract map boundary to a paved City maintained road. 113. Pedestrian access with sidewalks shall be provided from, the cul-de-sac terminus of streets "D", "F", "M", "N" and "W" to the adjacent public street. 114. All road easements and/or street dedications shall be offered for dedication to the public and shall continue in force until the City accepts or abandons such offers. All dedications shall be free from all encumbrances as approved by the Department of Public Works. 115. Streets "G", "H" and "S" shall be improved with 50 feet of asphalt concrete pavement with a raised 10-foot wide median, or bonds for the street improvements may be posted, within the dedicated right-of-way in accordance with modified City Standard No. 104, Section A (70'/50'). 116. All remaining interior local streets shall be improved with 40 feet of asphalt concrete pavement, or bonds for the street improvements may be posted, within the dedicated right-of-way in accordance with City Standard No. 104, Section A (60'/40'). 117. De Portola Road and Street "A" shall be improved with 38 feet of half street improvement plus one 12-foot lane outside the median, or bonds for the street improvements may be posted, within the dedicated right-of-way in accordance with City Standard No. 101, (100'/76'). 118. Meadows Parkway and Butterfield Stage Road shall be improved with 43 feet of half street improvement with a raised median, plus one 12-foot lane outside the median turn lane, or bonds for the street improvements may be posted, within a 110' dedicated right-of-way in accordance with City Standard No. 100, (110'/86'). 119. State Highway 79 shall be improved with concrete curb and gutter, asphalt concrete pavement, and any reconstruction or resurfacing of existing paving as determined by Caltrans within a 71-foot half-width dedicated right-of-way per Caltrans letter, dated January 23, 1992. 120. In the event that the required improvements for this development are not constructed by Assessment District No. 159 prior to recordation of the final map, the developer shall construct or bond for all required improvements per applicable City Standards. All Assessment District No. 159 improvements immediately adjacent to the development shall be constructed prior to occupancy. The Developer shall enter into a reimbursement agreement with the City of Temecula for construction of all offsite improvements necessary to serve the development. 121. Cul-de-sacs and knuckles shall be constructed per the appropriate City Standards and as shown on the approved Tentative Map. 122. Left turn lanes shall be provided at all intersections on Street "A" and De Portola Road. S%STAFFWTV4182ULCQA 16 123. The developer shall make a good faith effort to acquire the required off-site property interests, and if he or she should fail to do so, the developer shall, prior to submittal of the final map for recordation, enter into an agreement to complete the improvements pursuant to the Subdivision Map Act, Section 66462 and Section 66462.5. Such agreement shall provide for payment by the developer of all costs incurred by the City to acquire the off-site property interests required in connection with the subdivision. Security of a portion of these costs shall be in the form of a cash deposit in the amount given in an appraisal report obtained by the developer, at the developer's cost. The appraiser shall have been approved by the City prior to commencement of the appraisal. 124. Vehicular access shall be restricted on State Highway 79, Butterfield Stage Road, De Portola Road, Street "A" and Meadows Parkway and so noted on the final map with the exception of street intersections and two (2) entry points to Street "A" for the multi-family residential lots as shown on the approved Tentative Map and as approved by the Department of Public Works. 125. A signing and striping plan shall be designed by a registered Civil Engineer and approved by the Department of Public Works for State Highway 79, Butterfield Stage Road, De Portola Road, Street "A" and Meadows Parkway and shall be included in the street improvement plans. 126. Plans for a traffic signal shall be designed by a registered Civil Engineer and approved by the Department of Public Works for the intersections of Meadows Parkway at Street "A" and De Portola Road at Street "A" and shall be included in the street improvement plans with the second plan check submittal. 127. Traffic signal interconnection shall be designed by a registered Civil Engineer to show 1-1/2" rigid conduit with pull rope, and #3 pull boxes on 200 foot centers along the property fronting State Highway 79 and Butterfield Stage Road. This design shall be shown on the street improvement plans and must be approved by the Department of Public Works.and Caltrans. 128. Prior to designing any of the above plans, contact Transportation Engineering for the design requirements. 129. Bus bays will be provided at all existing and future bus stops as determined by the Department of Public Works. 130. Corner property line cut off shall be required per Riverside County Standard No. 805. 131. Easements for sidewalks for public uses shall be dedicated to the City where sidewalks meander through private property. S%STAFFRPT124132ALL.COA 17 132. Easements, when required for roadway slopes, landscape easements, drainage facilities, joint-use driveways, utilities, etc., shall be shown on the final map if they are located within the land division boundary. All offers of dedication and conveyances shall be submitted for review and recorded as directed by the Department of Public Works. On-site drainage facilities located outside of road right-of-way shall be contained within drainage easements and shown on the final map. A note shall be added to the final map stating "drainage easements shall be kept free of buildings and obstructions." 133. Prior to recordation of the final map, an Environmental Constraints Sheet (ECS) shall be prepared in conjunction with the final map to delineate identified environmental concerns and shall be permanently filed with the office of the City Engineer. A copy of the ECS shall be transmitted to the Planning Department for review and approval. 134. The developer shall comply with all constraints which may be shown upon an Environmental Constraint Sheet recorded with any underlying maps related to the subject property. 135. Prior to recordation of the final map, the developer shall deposit with the Department of Public Works a cash sum as established, per lot, as mitigation towards traffic signal impacts. Should the developer choose to defer the time of payment of traffic signal mitigation fee, he may enter into a written agreement with the City deferring said payment to the time of issuance of a building permit. 136. Prior to recording the final map, the subdivider shall notify the City's CATV Franchises of the Intent to Develop. Conduit shall be installed to CAN Standards at time of street improvements. PRIOR TO BUILDING PERMIT: 137. A precise grading plan shall be submitted to the Department of Public Works for review and approval. The building pad shall be certified by a registered Civil Engineer for location and elevation, and the Soils Engineer shall issue a Final Soils Report addressing compaction and site conditions. 138. Grading of the subject property shall be in accordance with the Uniform Building Code, the approved grading plan, the conditions of the grading permit, City Grading Standards and accepted grading construction practices. The final grading plan shall be in substantial conformance with the approved rough grading plan. All grading shall also be in conformance with the recommendations of the County Geologist, dated May 15, 1989. S%STAFFFPrV4182AU_C0A 18 of the bend a' elm be $2.00 POF SCIUM $60t, F104 to eneeed $ i %oggs Developer. (Amended by Planning Commission on November 16, 1992). PRIOR TO ISSUANCE OF CERTIFICATES OF OCCUPANCY: 140. All improvements shall be completed and in place per the approved plans, including but not limited to, curb and gutter. A.C. pavement, sidewalk, drive approaches, drainage facilities, parkway trees and street lights on all interior public streets. 141. All signing and striping shall be installed per the approved signing and striping plan. 142. All traffic signals shall be installed and operational per the special provisions and the approved traffic signal plan. 143. All traffic signal interconnection shall be installed per the approved plan. 144. The subdivider shall provide "stop" controls at the intersection of local streets with arterial streets as directed by the Department of Public Works. 145. All landscaping shall be installed in the corner cut-off area of all intersection and adjacent to driveways to provide for minimum sight distance as directed by the Department of Public Works. 146. A 32' wide paved secondary access road for phased development shall be constructed within a recorded private road easement as approved by the Department of Public Works per City of Temecula Standard 106 (60732'). 147. Asphaltic emulsion (fog seal) shall be applied only as directed by the Department of Public Works for pavement joins and transition coatings. Asphalt emulsion shall conform to Section Nos. 37, 39, and 94 of the State Standard Specifications. 148. In the event that the required improvements for this development are not completed by Assessment District 159 prior to certification for occupancy, the Developer shall construct all required improvements. The Developer shall also provide an updated traffic analysis as directed by the Department of Public Works to determine the construction timing and the Developer's percent of contribution toward any facilities not completed per the schedules of improvement, tables XV and XVI, for the Rancho Villages Assessment. The Developer shall also enter into a reimbursement agreement with the City of Temecula for the construction of any necessary improvements not completed by Assessment District 159 as determined by the approved traffic analysis. The following traffic signals shall be constructed as warranted as part of the reimbursement agreement at the following locations: SNSTAFFFPM4182 LLL.COA 19 A. B. C. D. E. F. State Highway 79 at the Interstate 15 ramps State Highway 79 at Pala Road. State Highway 79 at Margarita Road. State Highway 79 at Meadows Parkway. State Highway 79 at Butterfield Stage Road. Butterfield Stage Road at be Portola Road. 9WTA 41a2ALLCQ4 20 CITY OF TEMECULA CONDITIONS OF APPROVAL Vesting Tentative Tract Map No: 24184, Amendment No. 3, First Extension of Time Project Description: To subdivide 54.0 acres into 198 single Family Residential and 12 Open Space Lots Assessor's Parcel No.: 926-130-027 926-130-031 Approval Date: Expiration Date: PLANNING DEPARTMENT The tentative subdivision shall comply with the State of California Subdivision Map Act and to all the requirements of Ordinance 460, unless modified by the conditions listed below. A time extension may be approved in accordance with the State Map Act and City Ordinance, upon written request, if made 30 days prior to the expiration date. 2. Any delinquent property taxes shall be paid prior to recordation of the final map. 3. Subdivision phasing shall be subject to Planning Department Approval. 4. Prior to recordation of the final map, an Environmental Constraints Sheet (ECS) shall be prepared in conjunction with the final map to delineate identified environmental concerns and shall be permanently filed with the office of the City Engineer. A copy of the ECS shall be transmitted to the Planning Department for review and approval. The approved ECS shall be forwarded with copies of the. recorded final map to the Planning Department and the Department of Building and Safety. The following notes shall be placed on the ECS: A. "This property is located within thirty (30) miles of Mount Palomar Observatory. All proposed outdoor lighting systems shall comply with the California Institute of Technology, Palomar Observatory Outdoor Lighting Policy." B. "EIR No. 235 and an Addendum to this EIR was prepared for this project and is on file at the City of Temecula Planning Department." S15TAFFFPrQ4182ArLCOA 21 5. Prior to issuance of GRADING PERMITS the following Conditions shall be satisfied: A. If the project is to be phased, prior to the approval of grading permits, an overall conceptual grading plan shall be submitted to the Planning Director for approval. The plan shall be used as a guideline for subsequent detailed grading plans for individual phases of development and shall include the following: 11 } Techniques which will be utilized to prevent erosion and sedimentation during and after the grading process. (2) Approximate time frames for grading and identification of areas which may be graded during the higher probability rain months of January through March. (3) Preliminary pad and roadway elevations. (4) Areas of temporary grading outside of a particular phase B. The developer shall provide evidence to the Director of Building and Safety that all adjacent off-site manufactured slopes have recorded slope easements and that slope maintenance responsibilities have been assigned as approved by the Director of Building and Safety. C. The applicant shall comply with the provisions of Ordinance No. 663 by paying the appropriate fee set forth in that ordinance. Should Ordinance No. 663 be superseded by the provisions of a Habitat Conservation Plan prior to the payment of the fee required by Ordinance No. 663, the applicant shall pay the fee required by the Habitat Conservation Plan as implemented by County ordinance or resolution. Prior to the issuance of BUILDIN PERMITS the following conditions shall be satisfied: A. No building permits shall be issued by the City for any residential lot/unit within the project boundary until the developer or its successor's-in-interest provides evidence of compliance with public facility financing measures. A cash sum of one-hundred dollars ($100) per lot/unit shall be deposited with the City as mitigation for public library development. B• With the submittal of building plans to the Department of Building and Safety a copy of the acoustical study prepared by Wilber Smith Associates dated September 22, 1992 and subsequent study dated October 3, 1992 shall be submitted to ensure the implementation of the study to reduce ambient interior noise levels to 45 Ldn and exterior noise levels to 65 Ldn. C. Roof-mounted mechanical equipment shall not be permitted within the subdivision, however solar equipment or any other energy saving devices shall be permitted with Planning Department approval. 7. The subdivider shall defend, indemnify, and hold harmless the City of Temecula, its agents, officer, and employees from any claim, action, or proceeding against the City 818TAFFFIPT724182AL1.COA 22 of Temecula or its agents, officer, or employees to attach, set aside, void, or annul an approval of the City of Temecula, its advisory agencies, appeal boards or legislative body concerning Vesting Tentative Tract Map No. 24184, Amendment No. 3, which action is brought within the time period provided for in California Government Code Section 66499.37. The City of Temecula will promptly notify the subdivider of any such claim, action, or proceeding against the City of Temecula and will cooperate fully in the defense. If the City fails to promptly notify the subdivider of any such claim, action, or proceeding or fails to cooperate fully in the defense, the subdivider shall not, thereafter, be responsible to defend, indemnify, or hold harmless the City of Temecula. 8. The Covenants, Conditions and Restrictions (CC&R's) shall be reviewed and approved by the Planning Department prior to final map recordation of the tract maps. The CC&R's shall include liability insurance and methods of maintaining the open space, recreation areas, parking areas, private roads, exterior of all buildings and parkways. (Amended by Planning Commission on November 16, 1992). 9. No lot or dwelling unit in the development shall be sold unless a corporation, association, property owner's group, or similar entity has been formed with the right to assess all properties individually owned or jointly owned which have any rights or interest in the use of the common areas and common facilities in the development, such assessment power to be sufficient to meet the expenses of such entity, and with authority to control, and the duty to maintain, all of said mutually available features of the development. Such entity shall operate under recorded CC&R's which shall include compulsory membership of all owners of lots and/or dwelling units and flexibility of assessments to meet changing costs of maintenance, repairs, and.services. Recorded CC&R's shall permit enforcement by the City of Provisions required by the City as Conditions of Approval. The developer shall submit evidence of compliance with this requirement to, and receive approval of, the City prior to making any such sale. This condition shall not apply to land dedicated to the City for public purposes. 10. f8F in the GG&Rze-. (Amended by Planning Commission on November 16, 1992). 11. Every owner of a dwelling unit or lot shall own as an appurtenance to such dwelling unit or lot, either (1) an undivided interest in the common areas and facilities, or (2) as share in the corporation, or voting membership in an association, owning the common areas and facilities. 12. Within forty-eight (48) hours of the approval of this project, the applicant/developer shall deliver to the Planning Department a cashiers check or money order payable to the County Clerk in the amount of Eight Hundred, Seventy-Five Dollars ($875.00) which includes the Eight Hundred, Fifty Dollar ($850.00) fee, in compliance with AS 3158, required by Fish and Game Code Section 711.4(d)(3) plus the Twenty-Five Dollar ($25.00) County administrative fee, to enable the City to file the Notice of Determination required under Public Resources Code Section 21152 and 14 Cal. Code of Regulations 15094. If within such forty-eight (48) hour period the applicant/developer has not delivered to the Planning Department the check required above, the approval for the project granted herein shall be void by reason of failure of condition, Fish and Game Code Section 711.4(c). 5WAFFRPTV4182AU.COA 23 13. Neighborhood Entry Statement shall be constructed per Figure 37 of Specific Plan No. 219, Amendment No. 3 for Streets B, D and E. 14. An Equestrian trail shall be constructed per Figure 24 of Specific Plan No. 219, Amendment No. 3 for north side of DePortola. 15. Bicycle trails shall be constructed per Figure 6 of Specific Plan No. 219, Amendment No. 3 along DePortola Road, Class I and Street A and Street C, Class 11. 16. A Major Project Entry Statement shall be constructed per Figure 35 of Specific Plan No. 219, Amendment No. 3 for Lot 203. 17. A Community Intersection Entry Statement shall be constructed per Figure 34 of Specific Plan No. 219, Amendment No. 3 for lot 206. 18. Minor Project Entry Statements shall be constructed per Figures 35 and 36 of Specific Plan No. 219, Amendment No. 3 for lot 208. 19. A Project Intersection Entry Statement shall be constructed per Figure 38 of Specific Plan No. 219, Amendment No. 3 for lot 201. 20. A Secondary Paseo shall be constructed per the cross section on the map for lot 210. 21. Roadway landscape treatment shall be constructed per Figure 27 of Specific Plan No. 219, Amendment No. 3 for Street A. 22. Roadway landscape treatment shall be constructed per Figure 23B of Specific Plan No. 219, Amendment No. 3 for Meadows Parkway. 23. Roadway landscape treatment shall be constructed per Figure 24 of Specific Plan No. 219, Amendment No. 3 for DePortola Road. 24. Roadway landscape treatment shall be constructed per Figure 26 of Specific Plan No. 219. Amendment No. 3 for Street C. 25. The LDZs along the Project Street Scenes Streets A and C shall use the plant palette per Section IV.C.t.c.1. of Specific Plan No. 219, Amendment No. 3. 26. The landscaping for lots 203 and 206 shall use the Accent Trees on the plant palette in Section IV.C.1.d.1. and 2. of Specific Plan No. 219, Amendment No. 3. 27. Greenbelt Paseo Trees as identified in Section IV.C.1.d.4.a. and b. of Specific Plan No. 219, Amendment No. 3 shall be used for lot 210. 28. Community Theme Solid Walls or Community Theme Tubular Steel Open Fence or a combination of the two shall be constructed per Figure 40 of Specific Plan No. 219, Amendment No. 3; the finish and color of these walls shall be consistent with Section IV.C.2.b.2.e. of Specific Plan No. 219, Amendment No. 3. These walls shall be constructed along Meadows Parkway, DePortola Road and Street C. SWAFFRP'n241e2ALL.Cpq 24 29. Project Masonry Walls and Project View Walls shall be constructed per Figure 41 of Specific Plan No. 219, Amendment No. 3; these walls shall be constructed along Streets A, B, D and E. 30. An Equestrian Rail Fence shall be constructed per Figure 41 of Specific Plan No. 219, Amendment No. 3 along the north side of DePortola Road. 31. The Medium Density Residential landscape requirements shall be consistent with Section IV.C.3.d.1. through 7. of Specific Plan No. 219, Amendment No. 3. 32. The accent trees identified in Section W.C.143. of Specific Plan No. 219, Amendment No. 3 shall be used for the landscaping for Streets A, B, D and E. 33. The Landscape Development Zone (LDZ) along Major Community Street Scenes including Meadows Parkway and DePortola Road shall use Deciduous Accent Grove Trees, Evergreen Background Grove Trees and Informal Street Tree Groupings identified on the plant palette per Section IV.C.1.b.2.a., b. and c. of Specific Plan No. 219, Amendment No. 3. 34. The plant material palette identified in Section IV.C.1.e. of Specific Plan No. 219, Amendment No. 3 may be used in conjunction with all other specified plant palettes. 35. The seed mix for Turf Grass identified in Section IV.C.1.e of Specific Plan No. 219, Amendment No. 3 shall be used throughout the project. Comparable sod may be used instead of the seed mix. 36. 1--ted all the site ef the site dees net eemmenee within RiAety (90) days of 9 adi (Amended by Planning Commission on November 16, 1992). 37. A performance bond and a one year maintenance bond shall be required for all landscaping installed except for landscaping within individual lots. The amount of this landscaping shall be subject to the approval of the Planning Department. This bond shall be secured after completion of said landscaping and prior to release of the dwelling units tied to the timing of the landscaped area. (Amended by Planning Commission on November 16, 1992). 38. Erosion control planting shall commence as soon as slopes are completed on any portion of the site during and following grading operations. A performance bond shall be secured with the Planning Department prior to issuance of any grading permits to insure the installation of this landscaping. Cut slopes equal to or greater than five (5) feet in vertical height and fill slopes equal to or greater than three (3) feet.in vertical height shall be planted with a ground cover to protect the slope from erosion and instability. Slopes exceeding fifteen (15) feet in vertical height shall be planted with shrubs, spaced not more than ten (10) feet on center or trees spaced not to exceed twenty (20) feet on center or a combination of shrubs and trees at equivalent S\STAFPRPT1241 SULL.COA 25 spacings, in addition to the ground cover. Other standards of erosion control shall be November consistent with Ordinance No. 457.57. (Amended by Planning Commission on 16, 1992). 39. Irrigation for the project site shall be consistent with Section IV.C.1.j. of Specific Plan No. 219, Amendment No. 3. 40. Community Theme Walls may be substituted for Project Theme Walls at the developers discretion. 41. Wood fencing shall only be allowed along the side yards and the rear yards of single family dwellings. Project Theme Walls shall be used along the side yards facing the street for corner lots. 42. The residential lot street tree requirements and front yard requirements shall be consistent with Section IV.C.3.a.1.,2., and 3. Of Specific Plan No. 219, Amendment No. 3. 43. All lighting within the project shall be consistent with Section IV-C-5 of Specific Plan No. 219, Amendment No. 3. 44. All future development on this site will require further review and approval by the City of Temecula. These developments shall be consistent with the Purpose and Intent of the Architecture and Landscape Guidelines set forth in the Design Guidelines of Specific Plan No. 219, Amendment No. 3 (Section IV). 45. All future development within this project shall comply with applicable Zoning Ordinance Standards adopted for Specific Plan No. 219, Amendment No. 3. 46. The amenities and standards identified in Section III.A.7.a. and b. of Specific Plan No. 219, Amendment No. 3 for parks, recreation areas, activity nodes, private active participation opportunities, open space, greenbelt paseos and parkway paseos shall be used for developing these areas or as modified by the Planning Application 92-0013 (Development Agreement). 47. Maintenance and timing for completion of all open space areas shall be as identified in Planning Application No. 92-0013 (Development Agreement) or shall be consistent with Specific Plan No. 219, Amendment No. 3, if the Development Agreement is null and void. 48. A Mitigation Monitoring Program shall be submitted and approved by the Planning Department prior to recordation of the Final Map. 49. A conceptual landscape plan shall be submitted to the Planning Department prior to recordation of the Final Map for review and approval. The following needs to be included in these plans: A. Typical front yard landscaping for interior, corner and cul-de-sac lots. B. Typical slope landscaping. s1sTAFFNVr1241 BYALLcOA 26 C. Private and public park improvements and landscaping. D. All open space area landscaping including, private and public common areas, private recreational areas, paseos, equestrian trails, monuments and the Landscape Development Zones. E. All landscape plans shall identify the number and size of all plants, the type of irrigation to be used, all hardscaping, fences and walls. F. The timing for installation of all landscaping walls and trails shall be identified prior to approval of these plans. G. The plant heights at sensitive locations for traffic safety shall be subject to the approval of the Public Works Department. H. The timing for submittal and approval of the construction landscape plans shall be identified for all improvements within this condition. A note shall be added to all conceptual landscape plans that all utility service areas and enclosures shall be screened from view with landscaping. This equipment shall be identified on the construction landscape plans and shall be screened as specified on this condition. J. The responsibility for installation of all landscaping and walls shall be identified. K. All private open space areas that will not be dedicated to the City as identified in the Development Agreement shall be developed as an integrated part of the open space lot that they are a part of and shall be consistent with the provisions of the Specific Plan. L. Fifty (50) percent of all trees planted within the project shall be a minimum of twenty four (24) inch box. The landscape plans proposed for each phase shall incorporate the fifty (50) percent mix of twenty four (24) inch box trees into the design. M. A note shall be placed on the conceptual landscape plans that all trees shall be double staked and automatic irrigation shall be installed for all landscaping. These provisions shall be incorporated into the construction plans. 50. The development of this project and all subsequent developments within this project shall be consistent with Specific Plan No. 219, Amendment No. 3 and Planning Application No. 92-0013 (Development Agreement), or any subsequent amendments. 51. If the Gnatcatcher is listed as an endangered species, proper studies and mitigation measures shall be necessary prior to issuance of grading permits. These studies and mitigation measures shall be acceptable to Fish and Game and/or Fish and Wildlife. S%STAFFFPr,24102AU_C0A 27 52. Double-pane window treatment shall be required for second floor elevation windows in any two-story homes constructed on the lots identified in the Acoustical Study prepared by Wilber Smith Associates dated September 22, 1992 and its supplement dated October 3, 1992. OTHER AGENCIES 53. The applicant shall comply with the environmental health recommendations outlined in the County Health Department's transmittal dated October 6, 1992, a copy of which is attached. 54. The applicant shall comply with the flood control recommendations outlined in the Riverside County Flood Control District's letter dated October 22, 1992, a copy of which is attached. If the project lies within an adopted flood control drainage area pursuant to Section 10.25 of City of Temecula Land Division Ordinance 460, appropriate fees for the construction of area drainage facilities shall be collected by the City prior to issuance of Occupancy Permits. 55. The applicant shall comply with the fire improvement recommendations outlined in the County Fire Department's letter dated October 15, 1992, a copy of which is attached. 56. The applicant shall comply with the recommendations outlined in the Department of Transportation transmittal dated January 23, 1992, a copy of which is attached. 57. The applicant shall comply with the recommendations outlined in the Rancho Water District transmittal date January 21, 1992, a copy of which is attached. 58. The applicant shall comply with the recommendations outlined in the Riverside Transit Agency transmittal dated January 21, 1992, a copy of which is attached. 59. The applicant shall comply with the recommendation outlined in the Temecula Valley Unified School District transmittal dated May 7, 1992, a copy of which is attached. BUILDING AND SAFETY DEPARTMENT 60. All proposed construction shall comply with the California Institute of Technology, Palomar Observatory Outdoor Lighting Policy. COMMUNITY SERVICES DEPARTMENT The following items are the City of Temecula, Community Services Department (TCSD) Conditions of Approval for this project and shall be completed at no cost to any Government Agency. The conditions shall be complied with as set forth below, or as modified by separate Development Agreement. All questions regarding the true meaning of the Conditions shall be referred to the Development Service Division of TCSD. SISTAMWTQ4182ALL.COA 28 Prior to Recordation of Final Mao(s) 61. Proposed community park sites of less than three (3) acres are to be maintained by an established Home Owners Association (HOA), until offered and accepted by the TCSD for maintenance purposes. (Amended by Planning Commission on November 16; 1992). 62. pFeeess. (Amended by Planning Commission on November 16, 1992). 63. All proposed slopes, open space, and park land intended for dedication to the TCSD for maintenance purposes shall be identified on the final map by numbered lots and indexed to identify said lot numbers as .a proposed TCSD maintenance area. 64. Exterior slopes (as defined as: those slopes contiguous to public streets that have a width of 66' or wider), shall be offered for dedication to the TCSD for maintenance purposes following compliance to existing City standards and completion of an application process. All other slopes shall be maintained by an established Home Owners Association (HOA). 65. Proposed open space areas shall be maintained by an established Home Owners Association (HOA). Open space areas of three (3) acres or greater she# may be offered for dedication to the TCSD for maintenance purposes and possible further recreational development, following compliance to existing City standards and completion of an application process. (Amended by Planning Commission on November 16, 1992). 66. Prior to recordation of final map, the applicant or his assignee, shall offer for dedication parkland as identified in the Development Agreement. 67. All necessary documents to convey to the TCSD any required easements for parkway and/or slope maintenance as specified on the tentative map or in these Conditions of Approval shall be submitted by the developer or his assignee prior to the recordation of final map. 68. Landscape conceptual drawings for project areas (project areas may consist of slopes, streetscape, medians, turf areas, recreational trails, parks, and etc. that are to be maintained by the TCSD) identified as TCSD maintenance areas shall be reviewed and approved by TCSD staff prior to recordation of final map. 69. All areas identified for inclusion into the TCSD shall be reviewed by TCSD staff. Failure to submit said areas for staff review prior to recordation of final map wilt may preclude their inclusion into the TCSD. (Amended by Planning Commission on November 16, 1992). 70. S%STAFFWTV4182ALLCOA 29 whieh Shl be FBI FRaiRt ovember 16, '19921. /Amended by Planning Commission on N Prior to I 71. It shall be the developer's, the developer's successors or assignee responsibility to disclose the existence of the TCSD, its zones and zone fees to all prospective purchasers at the same time they are given the parcel's Final Public Report. Said disclosure shall be made in a form acceptable to the TCSD. Proof of such disclosure, by means of a signed receipt for same, shall be retained by the developer or his successors/assignee and made available to TCSD staff for their inspection in the same manner as set forth in Section 2795.1 of the Regulations Of The Real Estate Commissioner. Failure to comply shall preclude acceptance of proposed areas into TCSD. 72. Prior to issuance of any certificates of occupancy, the developer or his assignee shall submit, in a format as directed by TCSD staff, the most current list of Assessor's Parcel Numbers assigned to the final project. General 73. All landscape plans submitted for consideration shall be in conformance with CITY OF TEMECULA LANDSCAPE DEVELOPMENT PLAN GUIDELINES AND SPECIFICATIONS. 74. The developer, the developer's successors or assignee, shall be responsible for all landscaping maintenance until such time as maintenance duties are accepted by the TCSD. PUBLIC WORKS DEPARTMENT The following are the Department of Public Works Conditions of Approval for this project, and shall be completed at no cost to any Government Agency. All previous conditions of approval shall remain in force except as superseded or amended by the following requirements. All questions regarding the true meaning of the conditions shall be referred to the appropriate staff person of the Department of Public Works. It is understood that the Developer correctly shows on the tentative map or site plan all existing and proposed easements, traveled ways, improvement constraints and drainage courses, and their omission may require the project to be resubmitted for further review and revision. SWARRM2410 ,,CO4 30 GENERAL REQUIREMENTS 75. A Grading Permit for either rough or precise (including all onsite flat work and improvements) construction shall be obtained from the Department of Public Works prior to commencement of any construction outside of the City-maintained road right- of-way. 76. An Encroachment Permit shall be obtained from the Department of Public Works prior to commencement of any construction within an existing or proposed City right-of-way. 77. A copy of the grading and improvement plans, along with supporting hydrologic and hydraulic calculations shall be submitted to the Riverside County Flood Control District for approval prior to recordation of the final map or the issuance of any permits. 78. All improvement plans, grading plans, landscape and irrigation plans shall be coordinated for consistency with adjacent projects and existing improvements contiguous to the site. 79. Pursuant to Section 66493 of the Subdivision Map Act, any subdivision which is part of an existing Assessment District must comply with the requirements of said section. PRIOR TO ISSUANCE OF GRADING PERMITS: 80. The final grading plan shall be prepared by a Registered Civil Engineer and shall be reviewed and approved by the Department of Public Works. 81. All lot drainage shall be directed to the driveway by side yard drainage swales independent of any other lot, or other devices as otherwise approved by the Department of Public Works. (Amended by Planning Commission on November 16, 1992). 82. Prior to issuance of a grading permit, developer must comply with the requirements of the National Pollutant Discharge Elimination System (NPDES) permit from the State Water Resources Control Board. No grading shall be permitted until an NPDES Notice of Intent has been filed or the project is shown to be exempt. 83. Prior to the issuance of a grading permit, the developer shall receive written clearance from the following agencies: • San Diego Regional Water Quality; • Riverside County Flood Control District; • Planning Department; • Department of Public Works; • General Telephone; • Southern California Edison Company; and • Southern California Gas Company. SISTAFFFFrV41&2ALL.COA 31 84. A Soils Report shall be prepared by a registered soils engineer and submitted to the Department of Public Works with the initial grading plan check. The reportshall address all soils conditions of the site, and provide recommendations for the construction of engineered structures and pavement sections. 85. An erosion control plan shall be prepared by a registered civil engineer and submitted to the Department of Public Works for review and approval. 86. Graded but undeveloped land shall be maintained in a weedfree condition and shall be either planted with interim landscaping or provided with other erosion control measures as approved by the Department of Public Works. . 87. A flood mitigation charge shall be paid. The charge shall equal the prevailing Area Drainage Plan fee rate multiplied by the area of new development. The charge is payable to the Flood Control District prior to issuance of permits. If the full Area Drainage Plan fee or mitigation charge has been already credited to this property, no new charge needs to be paid. 88. The developer shall obtain any necessary letters of approval or easements for any offsite work performed on adjacent properties as directed by the Department of Public Works. 89. A drainage study shall be submitted to the Department of Public Works for review and approval. The drainage study shall include, but not be limited to, the following criteria: a. Drainage and flood protection facilities which will protect all structures by diverting site runoff to streets or approved storm drain facilities as directed by the Department of Public Works. b. Identify and mitigate impacts of grading to any onsite or offsite drainage courses. C. The location of existing and post development 100-year floodplain and floodway shall be shown on the improvement plan. 90. The subdivider shall accept and properly dispose of all off-site drainage flowing onto or through the site. In the event the Department of Public Works permits the use of streets for drainage purposes, the provisions of Section XI of Ordinance No. 460 will apply. Should the quantities exceed the street capacity, or use of streets be prohibited for drainage purposes, the subdivider shall provide adequate facilities as approved by the Department of Public Works. .91. The subdivider shall protect downstream properties from damages caused by alteration of the drainage patterns; i.e., concentration or diversion of flow. Protection shall be provided by constructing adequate drainage facilities, including enlarging existing facilities or by securing a drainage easement. %STAf WnV41nALL.COA 32 92. A drainage easement shall be obtained from the affected property owners for the release of concentrated or diverted storm flows onto the adjacent property. A copy of the drainage easement shall be submitted to the Department of Public Works for review prior to recordation. The location of the recorded easement shall be delineated on the grading plan. 93. An Encroachment Permit shall be required from Caltrans for any work within their right- of-way. 94. A permit from Riverside County Flood Control District is required for. work within their right-of-way. PRIOR TO THE ISSUANCE OF ENCROACHMENT PERMITS: 95. All necessary grading permit requirements shall have been submitted /accomplished to the satisfaction of the Department of Public Works. 96. Improvement plans, including but not limited to, streets, parkway trees, street lights, driveways, drive aisles, parking lot lighting, drainage facilities and paving shall be prepared by a Registered Civil Engineer on 24" x 36" mylar sheets and approved by the Department of Public Works. Final plans (and profiles on streets) shall show the location of existing utility facilities and easements as directed by the Department of Public Works. 97. The following criteria shall be observed in the design of the improvement plans to be submitted to the Department of Public Works: A. Flowline grades shall be 0.5% minimum over P.C.C. and 1.00% minimum over A.C. paving. B. Driveways shall conform to the applicable City of Temecula standards 2071207A and 401 (curb and sidewalk). C. Street lights shall be installed along the public streets adjoining the site in accordance with Ordinance 461 and shall be shown on the improvement plans as directed by the Department of Public Works. D. Concrete sidewalks shall be constructed along public street frontages in accordance with City standard 400 and 401. E. Improvement plans shall extend 300 feet beyond the project boundaries or as otherwise approved by the Department of Public Works. F. Minimum centerline radii shall be in accordance with City standard 113 or as otherwise approved by the Department of Public Works. G. All reverse curves shall include a 100 foot minimum tangent section or as otherwise approved by the Department of Public Works. S%STAFFRF1241 WALL.COA 33 H. All street and driveway centerline intersections shall be at 90 degrees or as approved by the Department of Public Works. Landscaping shall be limited in the corner cut-off area of all intersections and adjacent to driveways to provide for minimum sight distance and visibility. 98. The minimum centerline grade for streets shall be 0.50 percent or as otherwise approved by the Department of Public Works. 99. All driveways shall conform to the applicable City of Temecula standards and shall be shown on the street improvement plans in accordance with City Standard 207 and 208. 100. All driveways shall be located a minimum of two (2) feet from the side property line 101. All utility systems including gas, electric, telephone, water, sewer, and cable TV shall be provided for underground, with easements provided as required, and designed and constructed in accordance with City Codes and the utility provider. Telephone, cable TV, and/or security systems shall be pre-wired in the residence. 102. All utilities, except electrical lines rated 33kv or greater, shall be installed underground. 103. A construction area traffic control plan shall be designed by a registered Civil Engineer and approved by the City Engineer for any street closure and detour or other disruption to traffic circulation as required by the Department of Public Works. PRIOR TO RECORDATION OF FINAL MAP: 104. The developer shall construct or post security and enter into an agreement guaranteeing the construction of the following public improvements in conformance with applicable City Standards and subject to approval by the Department of Public Works. A. Street improvements, which may include, but are not limited to: pavement, curb and gutter, sidewalks, drive approaches, street.lights, signing, traffic signals and other traffic control devices as appropriate. 8. Storm drain facilities C. Landscaping (slopes and parkways). D. Erosion control and slope protection. E. Sewer and domestic water systems. F. All trails, as required by the City's Master Plans. G. Undergrounding of proposed utility distribution lines. s%sTAFFwT%24782ALL.C0A 34 105. As deemed necessary by the Department of Public Works, the developer shall receive written clearance from the following agencies: - Rancho California - Eastern Municipal - Riverside County - City of Temecula Water District; Water District; Flood Control District; Fire Bureau; - Planning Department; - Department of Public Works; - Riverside County Health Department; - CATV Franchise; - CalTrans; - Parks and Recreation Department; - General Telephone; - Southern California Edison Company; and - Southern California Gas Company 106. If phasing of the map for construction is proposed, legal all-weather access as required by Ordinance 460 shall be provided from the tract map boundary to a paved City maintained road. 107. Pedestrian access with sidewalks shall be provided from the cul-de-sac terminus of Streets "K" and "J" through the paseo to Street "H", and from the cul-de-sac terminus of Street "G" to the adjacent public street. 108. All road easements and/or street dedications shall be offered for dedication to the public and shall continue in force until the City accepts or abandons such offers. All dedications shall be free from all encumbrances as approved by the Department of Public Works. 109. Streets "B", "D" and "E" shall be improved with 50 feet of asphalt concrete pavement with a raised. 10-foot wide median, or bonds for the street improvements may be posted, within the dedicated right-of-way in accordance with modified City Standard No. 104, Section A (70'/50'). 110. All remaining interior local streets shall be improved with 40 feet of asphalt concrete pavement, or bonds for the street improvements may be posted, within the dedicated right-of-way in accordance with City Standard No. 104, Section A (60'/40'). 111. Street "A" shall be improved with 44 feet of asphalt concrete pavement, or bonds for the street improvements may be posted, within the dedicated right-of-way in accordance with City Standard No. 103, Section A (66'/44'). 112. De Portola Road and Meadows Parkway shall be improved with 38 feet of half street improvement plus one 12-foot lane outside the median, or bonds for the street improvements may be posted, within the dedicated right-of-way in accordance with City Standard No. 101, (100'/76'). S{STAFFRPn24182ALL.COA 35 113. Street "C" shall be improved with 42 feet of half street improvement with a raised median, plus one 12-foot lane outside the median turn lane, or bonds for the street improvements may be posted, within a 108' dedicated right-of-way in accordance with Specific Plan Figure 5A "Gateway Road and modified City Standard No. 100, (108'/84'). 114. In the event that the required access improvements for this development are not constructed by Assessment District No. 159 prior to recordation of the final map, the developer shall construct or bond for all required access improvements per applicable City Standards. All Assessment District No. 159 improvements necessary for access to the development shall be constructed prior to occupancy. The Developer shall enter into a reimbursement agreement with the City of Temecula for construction of all offsite improvements necessary to serve the development as deemed appropriate by the Department of Public Works. 115. Cul-de-sacs and knuckles shall be constructed per the appropriate City Standards and as shown on the approved Tentative Map. 116. Left turn lanes shall be provided at all intersections on Street "A" and De Portola Road. 117. The developer shall make a good faith effort to acquire the required off-site property interests, and if he or she should fail to do so, the developer shall, prior to submittal of the final map for recordation, enter into an agreement to complete the improvements pursuant to the Subdivision Map Act, Section 66462 and Section 66462.5. Such agreement shall provide for payment by the developer of all costs incurred by the City to acquire the off-site property interests required in connection with the subdivision. Security of a portion of these costs shall be in the form of a cash deposit in the amount given in an appraisal report obtained by the developer, at the developer's cost. The appraiser shall have been approved by the City prior to commencement of the appraisal. 118. Vehicular access shall be restricted on Street "A", Street "C", De Portola Road and Meadows Parkway and so noted on the final map with the exception of street intersections as shown on the approved Tentative Map and as approved by the Department of Public Works. 119. A signing and striping plan shall be designed by a registered Civil Engineer and approved by the Department of Public Works for De Portola Road, Street "A", Street "C" and Meadows Parkway and shall be included in the street improvement plans. 120. Plans for a traffic signal shall be designed by a registered Civil Engineer and approved by the Department of Public Works for the intersection of De Portola Road at Street "C" and shall be included in the street improvement plans with the second plan check submittal. 121. Prior to designing any of the above plans, contact Transportation Engineering for the design requirements. 122. Bus bays will be provided at all existing and future bus stops as determined by the Department of Public Works. S%STAFFl07W41 WAL.coA 36 123. Corner property line cut off shall be required per Riverside County Standard No. 805. 124. Easements for sidewalks for public uses shall be dedicated to the City where sidewalks meander through private property. 125. Easements, when required for roadway slopes, landscape easements, drainage facilities, joint-use driveways, utilities, etc., shall be shown on the final map if they are located within the land division boundary. All offers of dedication and conveyances shall be submitted for review and recorded as directed by the Department of Public Works. On-site drainage facilities located outside of road right-of-way shall be contained within drainage easements and shown on the final map. A note shall be added to the final map stating "drainage easements shall be kept free of buildings and obstructions." 126. Prior to recordation of the final map, an Environmental Constraints Sheet (ECS) shall be prepared in conjunction with the final map to delineate identified environmental concerns and shall be permanently filed with the office of the City Engineer. A copy of the ECS shall be transmitted to the Planning Department for review and approval. 127. The developer shall comply with all constraints which may be shown upon an Environmental Constraint Sheet recorded with any underlying maps related to the subject property. 128. Prior to recordation of the final map, the developer shall deposit with the Department of Public Works a cash sum as established, per lot, as mitigation towards traffic signal impacts. Should the developer choose to defer the time of payment of traffic signal mitigation fee, he may enter into a written agreement with the City deferring said payment to the time of issuance of a building permit. 129. Prior to recording the final map, the subdivider shall notify the City's CATV Franchises of the Intent to Develop. Conduit shall be installed to CATV Standards at time of street improvements. PRIOR TO BUILDING PERMIT: 130. A precise grading plan shall be submitted to the Department of Public Works for review and approval. The building pad shall be certified by a registered Civil Engineer for location and elevation, and the Soils Engineer shall issue a Final Soils Report addressing compaction and site conditions. 131. Grading of the subject property shall be in accordance with the Uniform Building Code, the approved grading plan, the conditions of the grading permit, City Grading Standards and accepted grading construction practices. The final grading plan shall be in substantial conformance with the approved rough grading plan. All grading shall also be in conformance with the recommendations of the County Geologist, dated May 30, 1989. S%STAVFnvn241WAU_C0A 37 PRIOR TO ISSUANCE OF CERTIFICATES OF OCCUPANCY: 133. All improvements shall be completed and in place per the approved plans, including but not limited to, curb and gutter, A.C. pavement, sidewalk, drive approaches, drainage facilities, parkway trees and street lights on all interior public streets. 134. All signing and striping shall be installed per the approved signing and striping plan. 135. All traffic signals shall be installed and operational per the special provisions and the approved traffic signal plan. 136. The subdivider shall provide "stop" controls at the intersection of local streets with arterial streets as directed by the Department of Public Works. 137. All landscaping shall be installed in the corner cut-off area of all intersection and adjacent to driveways to provide for minimum sight distance as directed by the Department of Public Works. 138. A 32' wide paved secondary access road for phased development shall be constructed within a recorded private road easement as approved by the Department of Public Works per City of Temecula Standard 106 (60'/32'). 139. Asphaltic emulsion (fog seal) shall be applied only as directed by the Department of Public Works for pavement joins and transition coatings. Asphalt emulsion shall conform to Section Nos. 37, 39, and 94 of the State Standard Specifications. 140. In the event that the required improvements for this development are not completed by Assessment District 159 prior to certification for occupancy, the Developer shall construct all required improvements. The Developer shall also provide an updated traffic analysis as directed by the Department of Public Works to determine the construction timing and the Developer's percent of contribution toward any facilities s%sTA 4rewu.coA 38 requ red under the Ell-NNegative Beel ration fof4he-projeet. The fee to be Paid Shall b~ tlmte amount on effect at the time of payrnent"e fee. If an interim or final pul-k mitigation fee or Astriet has not been finally established by the date on whiel' developer developer will waive any right to protesHhel"visions of this G-oridition, of this Agree the formation of any traffie impaet fee or 'he proeess, levy or eolleetion of arty its right to protest the reasonableness of anL. P_ff6~ 0 (Amended by Planning Commission on November 16,1992). PRIOR TO ISSUANCE OF CERTIFICATES OF OCCUPANCY: 133. All improvements shall be completed and in place per the approved plans, including but not limited to, curb and gutter, A.C. pavement, sidewalk, drive approaches, drainage facilities, parkway trees and street lights on all interior public streets. 134. All signing and striping shall be installed per the approved signing and striping plan. 135. All traffic signals shall be installed and operational per the special provisions and the approved traffic signal plan. 136. The subdivider shall provide "stop" controls at the intersection of local streets with arterial streets as directed by the Department of Public Works. 137. All landscaping shall be installed in the corner cut-off area of all intersection and adjacent to driveways to provide for minimum sight distance as directed by the Department of Public Works. 138. A 32' wide paved secondary access road for phased development shall be constructed within a recorded private road easement as approved by the Department of Public Works per City of Temecula Standard 106 (60'/32'). 139. Asphaltic emulsion (fog seal) shall be applied only as directed by the Department of Public Works for pavement joins and transition coatings. Asphalt emulsion shall conform to Section Nos. 37, 39, and 94 of the State Standard Specifications. 140. In the event that the required improvements for this development are not completed by Assessment District 159 prior to certification for occupancy, the Developer shall construct all required improvements. The Developer shall also provide an updated traffic analysis as directed by the Department of Public Works to deter mi the construction timing and the Developer's percent of contribution toward any facilities not completed per the schedules of improvement, tables XV and XVI, for the Rancho Villages Assessment. The Developer shall also enter into a reimbursement agreement with the City of Temecula for the SISiSFF8M4181AU88 in construction of any necessary improvements not completed by Assessment District 159 as determined by the approved traffic analysis 818TCFFBPn2418LILLCU an CITY OF TEMECULA CONDITIONS OF APPROVAL Vesting Tentative Tract Map No: 24185, Amendment No. 3, First Extension of Time Project Description: To Subdivide 95.0 acres into 351 Single Family Residential and 18 Open Space Lots Assessor's Parcel No.: 926-130-032 926-130-033 926-130-034 926-130-035 Approval Date: Expiration Date: PLANNING DEPARTMENT The tentative subdivision shall comply with the State of California Subdivision Map Act and to all the requirements of Ordinance 460, unless modified by the conditions listed below. A time extension may be approved in accordance with the State Map Act and City Ordinance, upon written request, if made 30 days prior to the expiration date. 2. Any delinquent property taxes shall be paid prior to recordation of the final map. 3. Subdivision Phasing shall be subject to Planning Department Approval. 4. Prior to recordation of the final map, an Environmental Constraints Sheet (ECS) shall be prepared in conjunction with the final map to delineate identified environmental concerns and shall be permanently filed with the office of the City Engineer. A copy of the ECS shall be transmitted to the Planning Department for review and approval. The approved ECS shall be forwarded with copies of the recorded final map to the Planning Department and the Department of Building and Safety. The following notes shall be placed on the ECS: A. "This property is located within thirty (30) miles of Mount Palomar Observatory. All proposed outdoor lighting systems shall comply with the California Institute of Technology, Palomar Observatory Outdoor Lighting Policy." B. 'EIR No. 235 and an Addendum to this EIR was prepared for this project and is on file at the City of Temecula Planning Department.' SVSTAFFN'TV41l4ALL,C0A 40 5. Prior to issuance of GRADING PERMITS the following Conditions shall be satisfied: A. If the project is to be phased, prior to the approval of grading permits, an overall conceptual grading plan shall be submitted to the Planning Director for approval. The plan shall be used as a guideline for subsequent detailed grading plans for individual phases of development and shall include the following: (1) Techniques which will be utilized to prevent erosion and sedimentation during and after the grading process. (2) Approximate time frames for grading and identification of areas which may be graded during the higher probability rain months of January through March.. 6. (3) Preliminary pad and roadway elevations. (4) Areas of temporary grading outside of a particular phase. B. The developer shall provide evidence to the Director of Building and Safety that all adjacent off-site manufactured slopes have recorded slope easements and that slope maintenance responsibilities have been assigned as approved by the Director of Building and Safety. C. The applicant shall comply with the provisions of Ordinance No. 663 by paying the appropriate fee set forth in that ordinance. Should Ordinance No. 663 be superseded by the provisions of a Habitat Conservation Plan prior to the payment of the fee required by Ordinance No. 663, the applicant shall pay the fee required by the Habitat Conservation Plan as implemented by County ordinance or resolution. Prior to the issuance of BUILDING PERMITS the following conditions shall be satisfied: A. No building permits shall be issued by the City for any residential lot/unit within the project boundary until the developer or its successor's-in-interest provides evidence of compliance with public facility financing measures. A cash sum of one-hundred dollars ($100) per lot/unit shall be deposited with the City as mitigation for public library development. B. With the submittal of building plans to the Department of Building and Safety a copy of the acoustical study prepared by Wilber Smith Associates dated September 22, 1992 and subsequent study dated October 3, 1992 shall be submitted to ensure the implementation of the study to reduce ambient interior noise levels to 45 Ldn and the Exterior noise levels to 65 Ldn. C. Roof-mounted mechanical equipment shall not be permitted within the subdivision, however solar equipment or any other energy saving devices shall be permitted with Planning Department approval. The subdivider shall defend, indemnify, and hold harmless the City of Temecula, its agents, officer, and employees from any claim, action, or proceeding against the City 81STAFFRP"4182ALL.COA 41 of Temecula or its agents, officer, or employees to attach, set aside, void, or annul an approval of the City of Temecula, its advisory agencies, appeal boards or legislative body concerning Vesting Tentative Tract Map No. 24185, Amendment No. 3 which action is brought within the time period provided for in California Government Code Section 66499.37. The City of Temecula will promptly notify the subdivider of any such claim, action, or proceeding against the City of Temecula and will cooperate fully in the defense. If the City fails to promptly notify the subdivider of any such claim, action, or proceeding or fails to cooperate fully in the defense, the subdivider shall not, thereafter, be responsible to defend, indemnify, or hold harmless the City of Temecula. 8. The Covenants, Conditions and Restrictions (CC&R's) shall be reviewed and approved by the Planning Department prior to final map recordation of the tract maps. The CC&R's shall include liability insurance and methods of maintaining the open space, recreation areas, parking areas, private roads, exterior of all buildings and parkways. (Amended by Planning Commission on November 16, 1992). 9. No lot or dwelling unit in the development shall be sold unless a corporation, association, property owner's group, or similar entity has been formed with the right to assess all properties individually owned or jointly owned which have any rights or interest in the use of the common areas and common facilities in the development, such assessment power to be sufficient to meet the expenses of such entity, and with authority to control, and the duty to maintain, all of said mutually available features of the development. Such entity shall operate under recorded CC&R's which shall include compulsory membership of all owners of lots and/or dwelling units and flexibility of assessments to meet changing costs of maintenance, repairs, and services. Recorded CC&R's shall permit enforcement by the City of Provisions required by the City as Conditions of Approval. The developer shall submit evidence of compliance with this requirement to, and receive approval of, the City prior to making any such sale. This condition shall not apply to land dedicated to the City for public purposes. 10. feF "R the GG&R's-. (Amended by Planning Commission on November 16, 1992). 11. Every owner of a dwelling unit. or lot shall own as an appurtenance to such dwelling unit or lot, either (1) an undivided interest in the common areas and facilities, or (2) as share in the corporation, or voting membership in an association, owning the common areas and facilities. 12. Within forty-eight (48) hours of the approval of this project, the applicant/developer shall deliver to the Planning Department a cashiers check or money order payable to the County Clerk in the amount of Eight Hundred, Seventy-Five Dollars ($875.00) which includes the Eight Hundred, Fifty Dollar ($850.00) fee, in compliance with AB 3158, required by Fish and Game Code Section 711.4(d)(3) plus the Twenty-Five Dollar ($25.00) County administrative fee, to enable the City to file the Notice of Determination required under Public Resources Code Section 21152 and 14 Cal. Code of Regulations 15094. If within such forty-eight (48) hour period the applicant/developer has not delivered to the Planning Department the check required above, the approval for the project granted herein shall be void by reason of failure of condition, Fish and Game Code Section 711.4(c). MSTAFFPPrU41 WALL.COA 42 13. Neighborhood Entry Statement shall be constructed per Figure 37 of Specific Plan No. 219, Amendment No. 3 for Streets E, D, F and G. 14. An Equestrian trail shall be constructed per Figure 24 of Specific Plan No. 219, Amendment No. 3 for north side of DePortola. 15. Bicycle trails shall be constructed per Figure 6 of Specific Plan No. 219, Amendment No. 3 along DePortola, Class I and Street A, B and C, Class 11. 16. A Major Project Entry Statement shall be constructed per Figure 35 of Specific Plan No. 219, Amendment No. 3 for Lot 361. 17. Minor Project Entry Statements shall be constructed per Figures 35 and 36 of Specific Plan No. 219, Amendment No. 3 for lots 354 and 356. 18. A Project Intersection Entry Statement shall be constructed per Figure 38 of Specific Plan No. 219, Amendment No. 3 for lots 352 and 363. 19. (Amended by Planning Commission on November 16, 1992). 20. Secondary Paseos shall be constructed per the cross section on the map for lots 365 and 366. 21. Roadway landscape treatment shall be constructed per Figure 23A of Specific Plan No. 219, Amendment No. 3 for Butterfield Stage Road. 22. Roadway landscape treatment shall be constructed per Figure 24 of Specific Plan No. 219, Amendment No. 3 for DePortola Road. 23. Roadway landscape treatment shall be constructed per Figure 27 of Specific Plan No. 219, Amendment No. 3 for Street A. 24. Roadway landscape treatment shall be constructed per Figure 27 of Specific Plan No. 219, Amendment No. 3 for Street B. 25. Roadway landscape treatment shall be constructed per Figure 26 of Specific Plan No. 219, Amendment No. 3 for Street C. 26. The Landscape Development Zone (LDZ) along Major Community Street Scenes including Butterfield Stage Road and DePortola Road shall use Deciduous Accent Grove Trees, Evergreen Background Grove Trees and Informal Street Tree Groupings identified on the plant palette per Section IV.C.1.b.2.a., b. and c. of Specific Plan No. 219, Amendment No. 3. 27. The LDZs along the Project Street Scenes Streets A, B and C shall use the plant palette per Section IV.C.1.c.1. of Specific Plan No. 219, Amendment No. 3. S%STAFFWrX2419UU-COA 43 28. The landscaping for lot 361 shall use the accent trees on the plant palette in Section IV.C.1.d.1. and 2. of the Specific Plan No. 219, Amendment No. 3. 29. Greenbelt Paseo Trees as identified in Section IV.C.1 A.4.a, and b. of Specific Plan No. 219, Amendment No. 3 shall be used for lots 365 and 366. 30. Community Theme Solid Walls or Community Theme Tubular Steel Open Fence or a combination of the two shall be constructed per Figure 40 of Specific Plan No. 219, Amendment No. 3; the finish and color of these walls shall be consistent with Section IV.C.2.b.2.e, of Specific Plan No. 219, Amendment No. 3. These walls shall be constructed along Butterfield Stage Road, Street C and DePortola Road. 31. Project Masonry Walls and Project View Walls shall be constructed per Figure 41 of Specific Plan No. 219, Amendment No. 3; these walls shall be constructed along Streets A, B, D, E, F and G (between DePortola Road and Street S). 32. An Equestrian Rail Fence shall be constructed per Figure 41 of Specific Plan No. 219, Amendment No. 3 along the north side of DePortola Road. 33. The Medium Density Residential landscape requirements shall be consistent with Section IV.C.3.d.1. through 7. of Specific Plan No. 219, Amendment No. 3. 34. The accent trees identified in Section IV.C.1.d.3. of Specific Plan No. 219, Amendment No. 3 shall be used for the landscaping for Streets A, D, E, F and G. 35. The plant material palette identified in Section IV.C.1.e. of Specific Plan No. 219, Amendment No. 3 may be used in conjunction with all other specified plant palettes. 36. The seed mix for Turf Grass identified in Section IV.C.1.e of Specific Plan No. 219, Amendment No. 3 shall be used throughout the project. Comparable sod may be used instead of the seed mix. 37. PlaRting shall eeFnmenee as seeA as slopes are eamplefed OR OR! PO '!iOR 6f the Site aAd shall PFeYide f8F Fapid Sh(?F~E.tefm eeye---- -1 the slope as well as long teffff (Amended by Planning Commission on November 16, 1992). 38. A performance bond and a one year maintenance bond shall be required for all landscaping installed except for landscaping within individual lots. The amount of this landscaping shall be subject to the approval of the Planning Department. This bond shall be secured after completion of said landscaping and prior to release of the dwelling units tied to the timing of the landscaped area. (Amended by Planning Commission on November 16, 1992). 39. Erosion control planting shall commence as soon as slopes are completed on any portion of the site during and following grading operations. A performance bond shall _ be secured with the Planning Department prior to issuance of any grading permits to S%STAFFFVr%24191ALL.c0A 44 insure the installation of this landscaping. Cut slopes equal to or greater than five (5) feet in vertical height and fill slopes equal to or greater than three (3) feet in vertical height shall be planted with a ground cover to protect the slope from erosion and instability. Slopes exceeding fifteen (15) feet in vertical height shall be planted with shrubs, spaced not more than ten (10) feet on center or trees spaced not to exceed twenty (20) feet on center or a combination of shrubs and trees at equivalent spacings, in addition to the ground cover. Other standards of erosion control shall be consistent with Ordinance No. 457.57. (Amended by Planning Commission on November 16, 1992). 40. Irrigation for the project site shall be consistent with.Section IV.C.1.j, of Specific Plan No. 219, Amendment No. 3. 41. Community Theme walls may be substituted for Project Theme Walls at the developers discretion. 42. Wood fencing shall only be allowed along the side yards and the rear yards of single family dwellings. Project Theme Walls shall be used along the side yards facing the street for corner lots. 43. The residential lot street tree requirements and front yard requirements shall be consistent with Section IV.C.3.a.1.,2., and 3. of Specific Plan No. 219, Amendment No. 3. 44. All lighting within the project shall be consistent with Section IV.C.5 of Specific Plan No. 219, Amendment No. 3. 45. All future development on this site will require further review and approval by the City of Temecula. These developments shall be consistent with the Purpose and Intent of the Architecture and Landscape Guidelines set forth in the Design Guidelines of Specific Plan No. 219, Amendment No. 3 (Section IV). 46. All future development within this project shall comply with applicable Zoning Ordinance Standards adopted for Specific Plan No. 219, Amendment No. 3. 47. The amenities and standards identified in Section III.A.7.a. and b. of Specific Plan No. 219, Amendment No. 3 for parks, recreation areas, activity nodes, private active participation opportunities, open space, greenbelt paseos and parkway paseos shall be used for developing these areas or as modified by the Planning Application No. 92- 0013 (Development Agreement). 48. Maintenance and timing for completion of all open space areas shall be as identified in Planning Application No. 92-0013 (Development Agreement) or shall be consistent with Specific Plan No. 219, Amendment No. 3, if the Development Agreement is null and void. 49. A Mitigation Monitoring Program shall be submitted and approved by the Planning Department prior to recordation of the Final Map. 5vSTAFRV n24iszAU.coA 45 50. A conceptual landscape plan shall be submitted to the Planning Department prior to recordation of the Final Map for review and approval. The following needs to be included in these plans: A. Typical front yard landscaping for interior, corner and cul-de-sac lots. B. Typical slope landscaping. C. Private and public park improvements and landscaping. D. All open space area landscaping including, private and public common areas, private recreational area, paseos, equestrian trails, monuments and Landscape Development Zones. E. All landscape plans shall identify the number and size of all plants, the type of irrigation to be used, all hardscaping, fences and walls. F. The timing for installation of all landscaping walls and trails shall be identified prior to approval of these plans. G. The plant heights at sensitive locations for traffic safety shall be subject to the approval of the Public Works Department. H. The timing for submittal and approval of the construction landscape plans shall be identified for all improvements within this condition. A note shall be added to all conceptual landscape plans that all utility service areas and enclosures shall be screened from view with landscaping. This equipment shall be identified on the construction landscape plans and shall be screened as specified on this condition. J. The responsibility for installation of all landscaping and walls shall be identified. K. All private open space areas that will not be dedicated to the City as identified in the Development Agreement shall be developed, as an integrated part of the open space lot that they are a part of and shall be consistent with the provisions of the Specific Plan. L. Fifty (50) percent of all trees planted within the project shall be a minimum of twenty four (24) inch box. The landscape plans proposed for each phase shall incorporate the fifty (50) percent mix of twenty four (24) inch box trees into the design. M. A note shall be placed on the conceptual landscape plans that all trees shall be double staked and automatic irrigation shall be installed for all landscaping. These provisions shall be incorporated into the construction plans. 51. The development of this project and all subsequent developments within this project shall be consistent with Specific Plan No. 219, Amendment No. 3 and Planning _ Application No. 92-0013 (Development Agreement) or any subsequent amendments. sutAFrWTU4182AU.coA 46 52. If the Gnatcatcher is listed as an endangered species, proper studies and mitigation measures shall be necessary prior to issuance of grading permits. These studies and mitigation measures shall be acceptable to Fish and Game and/or Fish and Wildlife. 53. Double-pane window treatment shall be required for second floor elevation windows in any two-story homes constructed on the lots identified in the Acoustical Study prepared by Wilber Smith Associates dated September 22, 1992 and its supplement dated October 3, 1992, OTHER AGENCIES 54. The applicant shall comply with the environmental health recommendations outlined in the County Health Department's transmittal dated October 6, 1992, a copy of which is attached. 55. The applicant shall comply with the flood control recommendations outlined in the Riverside County Flood Control District's letter dated October 22, 1992, a copy of which is attached. If the project lies within an adopted flood control drainage area pursuant to Section 10.25 of City of Temecula Land Division Ordinance 460, appropriate fees for the construction of area drainage facilities shall be collected by the City prior to issuance of Occupancy Permits. 56. The applicant shall comply with the fire improvement recommendations outlined in the County Fire Department's letter dated October 15, 1992, a copy of which is attached. 57. The applicant shall comply with the recommendations outlined in the Department of Transportation transmittal dated January 23, 1992, a copy of which is attached. 58. The applicant shall comply with the recommendations outlined in the Rancho Water District transmittal date January 21, 1992, a copy of which is attached. 59. The applicant.shall comply with the recommendations outlined in the Riverside Transit Agency transmittal dated January 21, 1992, a copy of which is attached. 60. The applicant shall comply with the recommendation outlined in the Temecula Valley Unified School District transmittal dated May 7, 1992, a copy of which is attached. BUILDING AND SAFETY DEPARTMENT 61. All proposed construction shall comply with the California Institute of Technology, Palomar Observatory Outdoor Lighting Policy. COMMUNITY SERVICES DEPARTMENT The following items are the City of Temecula, Community Services Department (TCSD) Conditions of Approval for this project and shall be completed at no cost to any Government Agency. The conditions shall be complied with as set forth below, or as modified by separate Development Agreement. All questions regarding the true meaning of the Conditions shall be referred to the Development Service Division of TCSD. S%STAFFRFr\14182ALLC0A 47 Prior to Recordation of Final Manfs) 62. Proposed community park sites of less than three (3) acres are to be maintained by an established Home Owners Association (HOA), until offered and accepted by the TCSD for maintenance purposes. (Amended by Planning Commission on November 16, 1992). 63. pFeeess. (Amended by Planning Commission on November 16, 1992). 64. All proposed slopes, open space, and park land intended for dedication to the TCSD for maintenance purposes shall be identified on the final map by numbered lots and indexed to identify said lot numbers as a proposed TCSD maintenance area. 65. Exterior slopes (as defined as: those slopes contiguous to public streets that have a width of 66' or wider), shall be offered for dedication to the TCSD for maintenance purposes following compliance to existing City standards and completion of an application process. All other slopes shall be maintained by an established Home Owners Association (HOA). 66. Proposed open space areas shall be maintained by an established Home Owners Association (HOA). Open space areas of three (3) acres or greater she# may be offered for dedication to the TCSD for maintenance purposes and possible further recreational development, following compliance to existing City standards and completion of an application process. (Amended by Planning Commission on November 16, 1992). 67. Prior to recordation of final map, the applicant or his assignee, shall offer for dedication parkland as identified in the Development Agreement. 68. All necessary documents to convey to the TCSD any required easements for parkway and/or slope maintenance as specified on the tentative map or in these Conditions of Approval shall be submitted by the developer or his assignee prior to the recordation of final map. 69. Landscape conceptual drawings for project areas (project areas may consist of slopes, streetscape, medians, turf areas, recreational trails, parks, and etc. that are to be maintained by the TCSD) identified as TCSD maintenance areas shall be reviewed and approved by TCSD staff prior to recordation of final map. 70. All areas identified for inclusion into the TCSD shall be reviewed by TCSD staff. Failure to submit said areas for staff review prior to recordation of final map wilt may preclude their inclusion into the TCSD. (Amended by Planning Commission on November 16, 1992). 515TAFFPPT%24182ALL.C0A 48 71. -.ants, thee Whieh Shall 138 Feleseed eepietw%--ly -6- FRO RtBROH88 FS 9-9-- `0 *hA =AM (Amended by Planning Commission on November 16, 1992). Prior to Issuance of 72. It shall be the developer's, the developer's successors or assignee responsibility tc disclose the existence of the TCSD, its zones and zone fees to all prospective purchasers at the same time they are given the parcel's Final Public Report. Said disclosure shall be made in a form acceptable to the TCSD. Proof of such disclosure, by means of a signed receipt for same, shall be retained by the developer or his successors/assignee and made available to TCSD staff for their inspection in the same manner as set forth in Section 2795.1 of the Regulations Of The Real Estate Commissioner. Failure to comply shall preclude acceptance of proposed areas into TCSD. 73. Prior to issuance of any certificates of occupancy, the developer or his assignee shall submit, in a format as directed by TCSD staff, the most current list of Assessor's Parcel Numbers assigned to the final project. General 74. All landscape plans submitted for consideration shall be in conformance with CITY OF TEMECULA LANDSCAPE DEVELOPMENT PLAN GUIDELINES AND SPECIFICATIONS. 75. The developer, the developer's successors or assignee, shall be responsible for all landscaping maintenance until such.time as maintenance duties are accepted by the TCSD. PUBLIC WORKS DEPARTMENT The following are the Department of Public Works Conditions of Approval for this project, and shall be completed at no cost to any Government Agency. All previous conditions of approval shall remain in force except as superseded or amended by the following requirements. All questions regarding the true meaning of the conditions shall be referred to the appropriate staff person of the Department of Public Works. It is understood that the Developer correctly shows on the tentative map or site plan all existing and proposed easements, traveled ways, improvement constraints and drainage courses, and their omission may require the project to be resubmitted for further review and revision. SWAripPrv4192A LCOA 49 76. A Grading Permit for either rough or precise (including all onsite flat work and improvements) construction shall be obtained from the Department of Public Works prior to commencement of any construction outside of the City-maintained road right-of-way. 77. An Encroachment Permit shall be obtained from the Department of Public Works prior to commencement of any construction within an existing or proposed City right-of-way. 78. A copy of the grading and improvement plans, along with supporting hydrologic and hydraulic calculations shall be submitted to the Riverside County Flood Control District for approval prior to recordation of the final map or the issuance of any permits. 79. All improvement plans, grading plans, landscape and irrigation plans shall be coordinated for consistency with adjacent projects and existing improvements contiguous to the site. 80. Pursuant to Section 66493 of the Subdivision Map Act, any subdivision which is part of an existing Assessment District must comply with the requirements of said section. PRIOR TO ISSUANCE OF GRADING PERMITS: 81. The final grading plan shall be prepared by a Registered Civil Engineer and shall be reviewed and approved by the Department of Public Works. 82. All lot drainage shall be directed to the driveway by side yard drainage swales independent of any other lot, or other devices as otherwise approved by the Department of Public Works. (Amended by Planning Commission on November 16, 1992). 83. Prior to issuance of a grading permit, developer must comply with the requirements of the National Pollutant Discharge Elimination System (NPDES) permit from the State Water Resources Control Board. No grading shall be permitted until an NPDES Notice of Intent has been filed or the project is shown to be exempt. 84. Prior to the issuance of a grading permit, the developer shall receive written clearance from the following agencies: San Diego Regional Water Quality; Riverside County Flood Control District; Planning Department; Department of Public Works; General Telephone; Southern California Edison Company; and Southern California Gas Company. 85. A Soils Report shall be prepared by a registered soils engineer and submitted to the Department of Public Works with the initial grading plan check. The report shall address Sm8Fnr11H182UUM n S 9 all soils conditions of the site, and provide recommendations for the construction of engineered structures and pavement sections. 86. An erosion control plan shall be prepared by a registered civil engineer and submitted to the Department of Public Works for review and approval. 87. Graded but undeveloped land shall be maintained in a weedfree condition and shall be either planted with interim landscaping or provided with other erosion control measures as approved by the Department of Public Works. 88. A flood mitigation charge shall be paid. The charge shall equal the prevailing Area Drainage Plan fee rate multiplied by the area of new development. The charge is payable to the Flood Control District prior to issuance of permits. If the full Area Drainage Plan fee or mitigation charge has been already credited to this property, no new charge needs to be paid. 89. The developer shall obtain any necessary letters of approval or easements for any offsite work performed on adjacent properties as directed by the Department of Public Works. 90. A drainage study shall be submitted to the Department of Public Works for review and approval. The drainage study shall include, but not be limited to, the following criteria: a. Drainage and flood protection facilities which will protect all structures by diverting site runoff to streets or approved storm drain facilities as directed by the Department of Public Works. b. Identify and mitigate impacts of grading to any onsite or offsite drainage courses. C. The location of existing and post development 100-year floodplain and floodway shall be shown on the improvement plan. 91. The subdivider shall accept and properly dispose of all off-site drainage flowing onto or through the site. In the event the Department of Public Works permits the use of streets for drainage purposes, the provisions of Section XI of Ordinance No. 460 will apply. Should the quantities exceed the street capacity, or use of streets be prohibited for drainage purposes, the subdivider shall provide adequate facilities as approved by the Department of Public Works. 92. The subdivider shall protect downstream properties from damages caused by alteration of the drainage patterns; i.e., concentration or diversion of flow. Protection shall be provided by constructing adequate drainage facilities, including enlarging existing facilities or by securing a drainage easement. 93. A drainage easement shall be obtained from the affected property owners for the release of concentrated or diverted storm flows onto the adjacent property. A copy of the drainage SAS UMP M1BPAMU 51 easement shall be submitted to the Department of Public Works for review prior to recordation. The location of the recorded easement shall be delineated on the grading plan. 94. An Encroachment Permit shall be required from Caltrans for any work within their right-of- way. 95. A permit from Riverside County Flood Control District is required for work within their right- of-way. PRIOR TO THE ISSUANCE OF ENCROACHMENT PERMITS: 96. All necessary grading permit requirements shall have been submitted /accomplished to the satisfaction of the Department of Public Works. 97. Improvement plans, including but not limited to, streets, parkway trees, street lights, driveways, drive aisles, parking lot lighting, drainage facilities and paving shall be prepared by a Registered Civil Engineer on 24" x 36" mylar sheets and approved by the Department of Public Works. Final plans (and profiles on streets) shall show the location of existing utility facilities and easements as directed by the Department of Public Works. 98. The following criteria shall be observed in the design of the improvement plans to be submitted to the Department of Public Works: A. Flowline grades shall be 0.5% minimum over P.C.C. and 1.00% minimum over A.C. paving. B. Driveways shall conform to the applicable City of Temecula standards 207/207A and 401 (curb and sidewalk). C. Street lights shall be installed along the public streets adjoining the site in accordance with Ordinance 461 and shall be shown on the improvement plans as directed by the Department of Public Works. D. Concrete sidewalks shall be constructed along public street frontages in accordance with City standard 400 and 401. E. Improvement plans shall extend 300 feet beyond the project boundaries or as otherwise approved by the Department of Public Works. F. Minimum centerline radii shall be in accordance with City standard 113 or as otherwise approved by the Department of Public Works. G. All reverse curves shall include a 100 foot minimum tangent section or as otherwise approved by the Department of Public Works. H. All street and driveway centerline intersections shall be at 90 degrees or as approved by the Department of Public Works. SISTAMM24162AUOA 52 Landscaping shall be limited in the corner cut-off area of all intersections and adjacent to driveways to provide for minimum sight distance and visibility. 99. The minimum centerline grade for streets shall be 0.50 percent or as otherwise approved by the Department of Public Works. 100. All driveways shall conform to the applicable City of Temecula standards and shall be shown on the street improvement plans in accordance with City Standard 207 and 208. 101. All driveways shall be located a minimum of two (2) feet from the side property line. 102. All utility systems including gas, electric, telephone, water, sewer, and cable TV shall be provided for underground, with easements provided as required, and designed and constructed in accordance with City Codes and the utility provider. Telephone, cable TV, and/or security systems shall be pre-wired in the residence. 103. All utilities, except electrical lines rated 33kv or greater, shall be installed underground. 104. A construction area traffic control plan shall be designed by a registered Civil Engineer and approved by the City Engineer for any street closure and detour or other disruption to traffic circulation as required by the Department of Public Works. PRIOR TO RECORDATION OF FINAL MAP: 105. The developer shall construct or post security and enter into an agreement guaranteeing the construction of the following public improvements in conformance with applicable City Standards and subject to approval by the Department of Public Works. A. Street improvements, which may include, and gutter, sidewalks, drive approaches, other traffic control devices as appropriate. B. Storm drain facilities C. Landscaping (slopes and parkways). D. Erosion control and slope protection. E. Sewer and domestic water systems. but are not limited to: pavement, curb street lights, signing, traffic signals and All trails, as required by the City's Master Plans. G. Undergrounding of proposed utility distribution lines. S%STHramsnewLeoa 57 106. As deemed necessary by the Department of Public Works, the developer shall receive written clearance from the following agencies: - Rancho California Water District; - Eastern Municipal Water District; - Riverside County Flood Control District; - City of Temecula Fire Bureau; - Planning Department; - Department of Public Works; - Riverside County Health Department; - CAN Franchise; - CalTrans; - Parks and Recreation Department; - General Telephone; - Southern California Edison Company; and - Southern California Gas Company 107. If phasing of the map for construction is proposed, legal all-weather access as required by Ordinance 460 shall be provided from the tract map boundary to a paved City maintained road. 108. Pedestrian access with sidewalk shall be provided from the cul-de-sac terminus of Street "L" through the open space to Street "H", and from the cul-de-sac terminus of Street "R" to the adjacent public street "G". 109. All road easements and/or street dedications shall be offered for dedication to the public and shall continue in force until the City accepts or abandons such offers. All dedications shall be free from all encumbrances as approved by the Department of Public Works. 110. Streets "B" at Butterfield Stage Road, "D", "E", "F" and "G" up to Street "S" shall be improved with 50 feet of asphalt concrete pavement with a raised 10-foot wide median, or bonds for the street improvements may be posted, within the dedicated right-of-way in accordance with modified City Standard No. 104, Section A (70750'). Street "G" shall transition to 60-foot right-of-way at Street "Q". 111. All remaining interior local streets shall be improved with 40 feet of asphalt concrete pavement, or bonds for the street improvements may be posted, within the dedicated right-of-way in accordance with City Standard No. 104, Section A (60'/40'). 112. Street "A" and Street "B" shall be improved with 44 feet of asphalt concrete pavement, or bonds for the street improvements may be posted, within the dedicated right-of-way in accordance with City Standard No. 103, Section A (66744'). 113. De Portola Road shall be improved with 38 feet of half street improvement plus one 12- foot lane outside the median, or bonds for the street improvements may be posted, within the dedicated right-of-way in accordance with City Standard No. 101, (100776'). SISTAFFBM2418MCCA 2A 114. Street "C" shall be improved with 42 feet of half street improvement with a raised median, plus one 12-foot lane outside the median turn lane, or bonds for the street improvements may be posted, within a 108' dedicated right-of-way in accordance with Specific Plan Figure 5A "Gateway Road and modified City Standard No. 100, (108'/84'). 115. Butterfield Stage Road shall be improved with 43 feet of half street improvement with a raised median, plus one 12-foot lane outside the median turn lane, or bonds for the street improvements may be posted, within a 110-foot dedicated right-of-way in accordance with City Standard No. 100, (110'/86'). 116. In the event that the required access improvements for this development are not constructed by Assessment District No. 159 prior to recordation of the final map, the developer shall construct or bond for all required access improvements per applicable City Standards. All Assessment District No. 159 improvements necessary for access to the development shall be constructed prior to occupancy. The Developer shall enter into a reimbursement agreement with the City of Temecula for construction of all offsite improvements necessary to serve the development as deemed appropriate by the Department of Public Works. 117. Cul-de-sacs and knuckles shall be constructed per the appropriate City Standards and as shown on the approved Tentative Map. 118. Left turn lanes shall be provided at all intersections on Street "A" and De Portola Road. 119. The developer shall make a good faith effort to acquire the required off-site property interests, and if he or she should fail to do so, the developer shall, prior to submittal of the final map for recordation, enter into an agreement to complete the improvements pursuant to the Subdivision Map Act, Section 66462 and Section 66462.5. Such agreement shall provide for payment by the developer of all costs incurred by the City to acquire the off-site property interests required in connection with the subdivision. Security of a portion of these costs shall be in the form of a cash deposit in the amount given in an appraisal report obtained by the developer, at the developer's cost. The appraiser shall have been approved by the City prior to commencement of the appraisal. 120. Vehicular access shall be restricted on Street "A", Street "B", Street "C", De Portola Road and Butterfield Stage Road and so noted on the final map with the exception of street intersections as shown on the approved Tentative Map and as approved by the Department of Public Works. 121. A signing and striping plan shall be designed by a registered Civil Engineer and approved by the Department of Public Works for De Portola Road, Street "A", Street "B", Street "C" and Butterfield Stage Road and shall be included in the street improvement plans. 122. Plans for a traffic signal shall be designed by a registered Civil Engineer and approved by the Department of Public Works for the intersection of De Portola Road at Street "C" and shall be included in the street improvement plans with the second plan check submittal. 123. Traffic signal interconnection shall be designed by a registered Civil Engineer to show 1- 1/2" rigid conduit with pull rope, and #3 pull boxes on 200-foot centers along the property BWp R"U4182men 55 fronting Butterfield Stage Road. This design shall be shown on the street improvement plans and must be approved by the Department of Public Works. 124. Prior to designing any of the above plans, contact Transportation Engineering for the design requirements. 125. Bus bays will be provided at all existing and future bus stops as determined by the Department of Public Works. 126. Corner property line cut off shall be required per Riverside County Standard No. 805. 127. Easements for sidewalks for public uses shall be dedicated to the City where sidewalks meander through private property. 128. Easements, when required for roadway slopes, landscape easements, drainage facilities, joint-use driveways, utilities, etc., shall be shown on the final map if they are located within the land division boundary. All offers of dedication and conveyances shall be submitted for review and recorded as directed by the Department of Public Works. On-site drainage facilities located outside of road right-of-way shall be contained within drainage easements and shown on the final map. A note shall be added to the final map stating "drainage easements shall be kept free of buildings and obstructions." 129. Prior to recordation of the final map, an Environmental Constraints Sheet (ECS) shall be prepared in conjunction with the final map to delineate identified environmental concerns and shall be permanently filed with the office of the City Engineer. A copy of the ECS shall be transmitted to the Planning Department for review and approval. 130. The developer shall comply with all constraints which may be shown upon an Environmental Constraint Sheet recorded with any underlying maps related to the subject property. 131. Prior to recordation of the final map, the developer shall deposit with the Department of Public Works a cash sum as established, per lot, as mitigation towards traffic signal impacts. Should the developer choose to defer the time of payment of traffic signal mitigation fee, he may enter into a written agreement with the City deferring said payment to the time of issuance of a building permit. 132. Prior to recording the final map, the subdivider shall notify the City's CATV Franchises of the Intent to Develop. Conduit shall be installed to CAN Standards at time of street improvements. PRIOR TO BUILDING PERMIT: 133. A precise grading plan shall be submitted to the Department of Public Works for review and approval. The building pad shall be certified by a registered Civil Engineer for location and elevation, and the Soils Engineer shall issue a Final Soils Report addressing compaction and site conditions. 134. Grading of the subject property shall be in accordance with the Uniform Building Code, the 5R approved grading plan, the conditions of the grading permit, City Grading Standards and accepted grading construction practices. The final grading plan shall be in substantial conformance with the approved rough grading plan. All grading shall also be in conformance with the recommendations of the County Geologist, dated May 30, 1989. 135. Developer shaWpay-anY-eaPital fee for read improvements and public faefte~~ required under the EIR/Negative Beelaration flor the project. The fee to be paid shall b~- i.n. the a fflount On effeet at the time of payment -of the fee. If an interim or fine publie mitigation fee or imet lies not been finally established by the date on wh requests its building permits for the-~~~ execute the Agreement for payment of PubHe--Fae*"ty fee, eopy of wilieh, has been a bond to secure payrrient of the Publie Facility fee, The amount of the bond shall be L11 k $2.00 per square feet, not to exceed $10,000. -Beveloper understands "a, sa:A Agreement may -require the payment-of fees in excess of these now estimated-(assumft fn 4hp. nfojeet in the amount of--sueh, Fees). By exeetition of thi Agreement, ~~e'v';~); ~i~~ive any right to protest the provisions of this Condition, of this Agreement,- the formation of any traffie impaet fee do ~triet, or the preeess, levy, or eolleCtion of any traffie mitigation the' developeN"et-waiving (Amended by Planning Commission on November 16, 1992). PRIOR TO ISSUANCE OF CERTIFICATES OF OCCUPANCY: 136. All improvements shall be completed and in place per the approved plans, including but not limited to, curb and gutter, A.C. pavement, sidewalk, drive approaches, drainage facilities, parkway trees and street lights on all interior public streets. 137. All signing and striping shall be installed per the approved signing and striping plan. 138. All traffic signals shall be installed and operational per the special provisions and the approved traffic signal plan. 139. All traffic signal interconnection shall be installed per the approved plan. 140. The subdivider shall provide "stop" controls at the intersection of local streets with arterial streets as directed by the Department of Public Works. 141. All landscaping shall be installed in the corner cut-off area of all intersection and adjacent to driveways to provide for minimum sight distance as directed by the Department of Public Works. 142. A 32' wide paved secondary access road for phased development shall be constructed within a recorded private road easement as approved by the Department of Public Works per City of Temecula Standard 106 (60732'). 143. Asphaltic emulsion (fog seal) shall be applied only as directed by the Department of Public SN$1AFreera41e2uLCU 57 Works for pavement joins and transition coatings. Asphalt emulsion shall conform to Section Nos. 37, 39, and 94 of the State Standard Specifications. 144. In the event that the required improvements for this development are not completed by Assessment District 159 prior to certification for occupancy, the Developer shall construct all required improvements. The Developer shall also provide an updated traffic analysis as directed by the Department of Public Works to determine the construction timing and the Developer's percent of contribution toward any facilities not completed per the schedules of improvement, tables XV and XVI, for the Rancho Villages Assessment. The Developer shall also enter into a reimbursement agreement with the City of Temecula for the construction of any necessary improvements not completed by Assessment District 159 as determined by the approved traffic analysis. MATAFFUM41e2Aaeoo 58 CITY OF TEMECULA CONDITIONS OF APPROVAL Vesting Tentative Tract Map No: 24186, Amendment No. 5, First Extension of Time Project Description: Subdivide 114.1 acres into 445 Single Family Residential, 14 Open Space Lots and 1 Elementary School Site Assessor's Parcel No.: 955-130-011 926-130-028 926-130-029 926-130-030 Approval Date: Expiration Date: PLANNING DEPARTMENT 1. The tentative subdivision shall comply with the State of California Subdivision Map Act and to all the requirements of Ordinance 460, unless modified by the conditions listed below. A time extension may be approved in accordance with the State Map Act and City Ordinance, upon written request, if made 30 days prior to the expiration date. 2. Any delinquent property taxes shall be paid prior to recordation of the final map. 3. Subdivision Phasing shall be subject to Planning Department Approval. 4. Prior to recordation of the final map, an Environmental Constraints Sheet (ECS) shall be prepared in conjunction with the final map to delineate identified environmental concerns and shall be permanently filed with the office of the City Engineer. A copy of the ECS shall be transmitted to the Planning Department for review and approval. The approved ECS shall be forwarded with copies of the recorded final map to the Planning Department and the Department of Building and Safety. The following notes shall be placed on the ECS: A. 'This property is located within thirty (30) miles of Mount Palomar Observatory. All proposed outdoor lighting systems shall comply with the California Institute of Technology, Palomar Observatory Outdoor Lighting Policy.' B. 'EIR No. 235 and an Addendum to this EIR was prepared for this project and is on file at the City of Temecula Planning Department.' MSTAFFWrT 24182ALL.COA 59 5. Prior to issuance of GRADING PERMITS the following Conditions shall be satisfied: A. If the project is to be phased, prior to the approval of grading permits, an overall conceptual grading plan shall be submitted to the Planning Director for approval. The plan shall be used as a guideline for subsequent detailed grading plans for individual phases of development and shall include the following: (1) Techniques which will be utilized to prevent erosion and sedimentation during and after the grading process. (2) Approximate time frames for grading and identification of areas which may be graded during the higher probability rain months of January through March. (3) Preliminary pad and roadway elevations. (4) Areas of temporary grading outside of a particular phase. B. The developer shall provide evidence to the Director of Building and Safety that all adjacent off-site manufactured slopes have recorded slope easements and that slope maintenance responsibilities have been assigned as approved by the Director of Building and Safety. C. The applicant shall comply with the provisions of Ordinance No. 663 by paying the appropriate fee set forth in that ordinance. Should Ordinance No. 663 be superseded by the provisions of a Habitat Conservation Plan prior to the payment of the fee required by Ordinance No. 663, the applicant shall pay the fee required by the Habitat Conservation Plan as implemented by County ordinance or resolution. Prior to the issuance of BUILDING PERMITS the following conditions shall be satisfied: A. No building permits shall be issued by the City for any residential lot/unit within the project boundary until the developer or its successor's-in-interest provides evidence of compliance with public facility financing measures. A cash sum of one-hundred dollars ($100) per lot/unit shall be deposited with the City as mitigation for public library development. With the submittal of building plans to the Department of Building and Safety a copy of the acoustical study prepared by Wilber Smith Associates dated September 22, 1992 and subsequent study dated October 3, 1992 shall be submitted to ensure the implementation of the study to reduce ambient interior noise levels to 45 Ldn and exterior noise levels to 65 Ldn. C. Roof-mounted mechanical equipment shall not be permitted within the subdivision, however solar equipment or any other energy saving devices shall be permitted with Planning Department approval. 7. The subdivider shall defend, indemnify, and hold harmless the City of Temecula, its agents, officer, and employees from any claim, action, or proceeding against the City SWAFFWTf 34181AUX0A 60 of Temecula or its agents, officer, or employees to attach, set aside, void, or annul an approval of the City of Temecula, its advisory agencies, appeal boards or legislative body concerning Vesting Tentative Tract Map No. 24186, Amendment No. 5, which action is brought within the time period provided for in California Government Code Section 66499.37. The City of Temecula will promptly notify the subdivider of any such claim, action, or proceeding against the City of Temecula and will cooperate fully in the defense. If the City fails to promptly notify the subdivider of any such claim, action, or proceeding or fails to cooperate fully in the defense, the subdivider shall not, thereafter, be responsible to defend, indemnify, or hold harmless the City of Temecula. 8. The Covenants, Conditions and Restrictions (CC&R's) shall be reviewed and approved by the Planning Department prior to final map recordation of the tract maps. The CC&R's shall include liability insurance and methods of maintaining the open space, recreation areas, parking areas, private roads, exterior of all buildings and parkways. (Amended by Planning Commission on November 16, 1992). 9. No lot or dwelling unit in the development shall be sold unless a corporation, association, property owner's group, or similar entity has been formed with the right to assess all properties individually owned or jointly owned which have any rights or interest in the use of the common areas and common facilities in the development, such assessment power to be sufficient to meet the expenses of such entity, and with authority to control, and the duty to maintain, all of said mutually available features of the development. Such entity shall operate under recorded CC&R's which shall include compulsory membership of all owners of lots and/or dwelling units and flexibility of assessments to meet changing costs of maintenance, repairs, and services. Recorded CC&R's shall permit enforcement by the City of Provisions required by the City as Conditions of Approval. The developer shall submit evidence of compliance with this requirement to, and receive approval of, the City prior to making any such sale. This condition shall not apply to land dedicated to the City for public purposes. 10. #OF On the . (Amended by Planning Commission on November 16, 1992). 11. Every owner of a dwelling unit or lot shall own as an appurtenance to such dwelling unit or lot, either (1) an undivided interest in the common areas and facilities, or (2) as share in the corporation, or voting membership in an association, owning the common areas and facilities. 12. Within forty-eight (48) hours of the approval of this project, the applicant/developer shall deliver to the Planning Department a cashiers check or money order payable to the County Clerk in the amount of Eight Hundred, Seventy-Five Dollars ($875.00) which includes the Eight Hundred, Fifty Dollar ($850.00) fee, in compliance with AS 3158, required by Fish and Game Code Section 711.4(d)(3) plus the Twenty-Five Dollar ($25.00) County administrative fee, to enable the City to file the Notice of Determination required under Public Resources Code Section 21152 and 14 Cal. Code of Regulations 15094. If within such forty-eight (48) hour period the applicant/developer has not delivered to the Planning Department the check required above, the approval for the project granted herein shall be void by reason of failure of condition, Fish and Game Code Section 711.4(c). SISTAFFRVT124182ALL.COA 61 13. A Neighborhood Entry Statement shall be constructed per Figure 37 of Specific Plan No. 219, Amendment No. 3 for Streets C, B, T, F and D. 14. Bicycle trails shall be constructed per Figure 6 of Specific Plan No. 219, Amendment No. 3 along Meadows Parkway, Class I and Street A, Class II. 15. Minor Project Entry Statements shalt be constructed per Figures 35 and 36 of Specific Plan No. 219, Amendment No. 3 for lot 449. 16. A Paseo Entry Statement with Pedestrian Crossing shall be constructed per Figure 49 of Specific Plan No. 219, Amendment No. 3 for Intersection of Meadows and Street D. 17. A Community Paseo shall be constructed per Figure 30 of Specific Plan No. 219, Amendment No. 3 for lots 451, 452, 457 and 460. 18. Secondary Paseo shall be constructed per the cross section on the map for lots 447, 456 and 458. 19. Roadway landscape treatment shall be constructed per Figure 27 of Specific Plan No. 219, Amendment No. 3 for Street A. 20. Roadway landscape treatment shall be constructed per Figure 23B of Specific Plan No. 219, Amendment No. 3 for Meadows Parkway. 21. The Landscape Development Zone (LDZ) along Major Community .Street Scene, Meadows Parkway, shall use Deciduous Accent Grove Trees, Evergreen Background Grove Trees and Informal Street Tree Groupings identified on the plant palette per Section IV.C.1.b.2.a., b. and c. of Specific Plan No. 219, Amendment No. 3. 22. The LDZs along the Project Street Scene. Street A, shall use the plant palette per Section IV.C.1.c.1, of Specific Plan No. 219, Amendment No. 3. 23. Greenbelt Paseo Trees as identified in Section IV.C.1.d.4.a. and b. of Specific Plan No. 219, Amendment No. 3 shall be used for lots 451, 452, 457, 460, 447, 456,458 and the intersection of Meadows and Street D. 24. Community Theme Solid Walls or Community Theme Tubular Steel Open Fence or a combination of the two shall be constructed per figure 40; the finish and color of these walls shall be consistent with Section IV.C.2.b.2.e. of Specific Plan No. 219, Amendment No. 3. These walls shall be constructed along Meadows Parkway. 25. Project Masonry Walls and Project View walls shall be constructed per Figure 41 of Specific Plan No. 219, Amendment No. 3; these walls shall be constructed along Streets A, B, C (between Street A and Street G, if it does not interfere with access to any lots), T (between A Street and P Street, if it does not interfere with access to any lots), F & D (between Meadows Parkway and Street N). 26. The Medium High Density Residential landscape requirements shall be consistent with _ Section IV.C.3.c.1. through 14. of Specific Plan No. 219, Amendment No. 3. SMA"TOW4187A11,COA 62 27. The accent trees identified in Section W.C.t.d.3. of Specific Plan No. 219, Amendment No. 3 shall be used for the landscaping for Streets A, B, C, D and F. 28. The plant palette for Evergreen Background Grove Trees per Section IV.C.1.d.4.a of Specific Plan No. 219, Amendment No. 3 and the plant palette for Deciduous Accent Grove Trees per Section IV.C.1.b.2.a. shall be used for the landscape buffer zones in lots 461. 29. The plant material palette identified in Section IV.C.1.e. of Specific Plan No. 219, Amendment No. 3 may be used in conjunction with all other specified plant palettes. 30. The seed mix for Turf Grass identified in Section IV.C.1.e of Specific Plan No. 219, Amendment No. 3 shall be used throughout the project. Comparable sod may be used instead of the seed mix. 31. (Amended by Planning Commission on November 16, 1992). 32. A performance bond and a one year maintenance bond shall be required for all landscaping installed except for landscaping within individual lots. The amount of this landscaping shall be subject to the approval of the Planning Department. This bond shall be secured after completion of said landscaping and prior to release of the dwelling units tied to the timing . of the landscaped area. (Amended by Planning Commission on November 16, 1992). 33. Erosion control planting shall commence as soon as slopes are completed on any portion of the site during and fogowing the grading operations. A performance bond shall be secured with the Planning Department prior to issuance of any grading permits to insure the installation of this landscaping. Cut slopes equal to or greater than five (5) feet in vertical height and fill slopes equal to or greater than three (3) feet in vertical height shall be planted with a ground cover to protect the slope from erosion and instability. Slopes exceeding fifteen (15) feet in vertical height shall be planted with shrubs, spaced not more than ten 110) feet on center or trees spaced not to exceed twenty (20) feet on center or a combination of shrubs and trees at equivalent spacings, in addition to the ground cover. Other standards of erosion control shall be consistent with Ordinance No. 457.57. (Amended by Planning Commission on November 16, 1992). 34. Irrigation for the project site shall be consistent with Section IV.C.1.j. of Specific Plan No. 219, Amendment No. 3. 35. Community Theme Walls may be substituted for Project Theme Walls at the developers discretion. S%STAFFR"V41S2AU,coA 63 36. Wood fencing shall only be allowed along the side yards and the rear yards of single family dwellings. Project Theme Walls shall be used along the side yards facing the 1 street for corner lots. 37. The residential lot street tree requirements and front yard requirements shall be consistent with Section IV.C.3.a.1.,2., and 3. of Specific Plan No. 219, Amendment No. 3. 38. All lighting within the project shall be consistent with Section IV-C.5 of Specific Plan No. 219, Amendment No. 3. 39. All future development on this site will require further review and approval by the City of Temecula. These developments shall be consistent with the Purpose and Intent of the Architecture and Landscape Guidelines set forth in the Design Guidelines of Specific Plan No. 219, Amendment No. 3 (Section IV). 40. All future development within this project shall comply with applicable Zoning Ordinance Standards adopted for Specific Plan No. 219, Amendment No. 3. 41. The amenities and standards identified in Section III.A.7.a. and b. of Specific Plan No. 219, Amendment No. 3 for parks, recreation areas, activity nodes, private active participation opportunities, open space, greenbelt paseos and parkway paseos shall be used for developing these areas or as modified by the Planning Application No. 92- 0013 (Development Agreement). 42. Maintenance and timing for completion of all open space areas shall be as identified in Planning Application No. 92-0013 (Development Agreement) or shall be consistent with Specific Plan No. 219, Amendment No. 3, if the Development Agreement is null and void. 43. A Mitigation Monitoring Program shall be submitted and approved by the Planning Department prior to recordation of the Final Map. 44. A conceptual landscape plan shall be submitted to the Planning Department prior to recordation of the Final Map for review and approval. The following needs to be included in these plans: A. Typical front yard landscaping for interior, corner and cul-de-sac lots. B. Typical slope landscaping. C. Private and public park improvements and landscaping. D. All open space area landscaping including, private and public common areas, private recreational areas, paseos, equestrian trails, monuments and Landscape Development Zones. E. All landscape plans shall identify the number and size of all plants, the type of irrigation to be used, all hardscaping, fences and walls. s%sTAFFRITU41a2ALLcoA 64 F. The timing for installation of all landscaping walls and trails shall be identified prior to approval of these plans. G. The plant heights at sensitive locations for traffic safety shall be subject to the approval of the Public Works Department. H. The timing for submittal and approval of the construction landscape plans shall be identified for all improvements within this condition. 1. A note shall be added to all conceptual landscape plans that all utility service areas and enclosures shall be screened from view with landscaping. This equipment shall be identified on the construction landscape plans and shall be screened as specified on this condition. The responsibility for installation of all landscaping and walls shall be identified. K. All private open space areas that will not be dedicated to the City as identified in the Development Agreement shall be developed as an integrated part of the open space lot that they are a part of and shall be consistent with the provisions of the Specific Plan. L. Fifty (50) percent of all trees planted within the project shall be a minimum of twenty four (24) inch box. The landscape plans proposed for each phase shall incorporate the fifty (50) percent mix of twenty four (24) inch box trees into the design. M. A note shall be placed on the conceptual landscape plans that all trees shall be double staked and automatic irrigation shall be installed for all landscaping. These provisions shall be incorporated into the construction plans. 45. The development of this project and all subsequent developments within this project shall be consistent with Specific Plan No. 219, Amendment No. 3 and Planning Application No. 92-0013 (Development Agreement), or any subsequent amendments. 46. If the Gnatcatcher is listed as an endangered species, proper studies and mitigation measures shall be necessary prior to issuance of grading permits. These studies and mitigation measures shall be acceptable to Fish and Game and/or Fish and Wildlife. 47. Double-pane window treatment shall be required for second floor elevation windows in any two-story homes constructed on the lots identified in the Acoustical Study prepared by Wilber Smith Associates dated September 22, 1992 and its supplement dated October 3, 1992. 48. A Slope Transition Area shall be constructed per Figure 136 of Specific Plan No. 219, Amendment No. 3 for the northerly property line of lot 461. (Amended by Planning Commission on November 16, 1992). SWTAFfAPn24192ALL.C0A 65 OTHER AGENCIES 49. The applicant shall comply with the environmental health recommendations outlined in the County Health Department's transmittal dated October 6, 1992, a copy of which is attached. 50. The applicant shall comply with the flood control recommendations outlined in the Riverside County Flood Control District's letter dated October 22, 1992, a copy of which is attached. If the project lies within an adopted flood control drainage area pursuant to Section 10.25 of City of Temecula Land Division Ordinance 460, appropriate fees for the construction of area drainage facilities shall be collected by the City prior to issuance of Occupancy Permits. 51. The applicant shall comply with the fire improvement recommendations outlined in the County Fire Department's letter dated October 15, 1992, a copy of which is attached. 52. The applicant shall comply with the recommendations outlined in the Department of Transportation transmittal dated January 23, 1992, a copy of which is attached. 53. The applicant shall comply with the recommendations outlined in the Rancho Water District transmittal date January 21, 1992, a copy of which is attached. 54. The applicant shall comply with the recommendations outlined in the Riverside Transit Agency transmittal dated January 21, 1992, a copy of which is attached. 55. The applicant shall comply with the recommendation outlined in the Temecula Valley Unified School District transmittal dated May 7, 1992, a copy of which is attached. BUILDING AND SAFETY DEPARTMENT 56. All proposed construction shall comply with the California Institute of Technology, Palomar Observatory Outdoor Lighting Policy. COMMUNITY SERVICES DEPARTMENT The following items are the City of Temecula, Community Services Department (TCSD) Conditions of Approval for this project and shall be completed at no cost to any Government Agency. The conditions shall be complied with as set forth below, or as modified by separate Development Agreement. All questions regarding the true meaning of the Conditions shall be referred to the Development Service Division of TCSD. Prior to Recordation of Final Mao1s) 57. Proposed community park sites of less than three (3) acres are to be maintained by an established Home Owners Association (HOA), until offered and accepted by the TCSD for maintenance purposes. (Amended by Planning Commission on November 16, 1992). 818TAFFFWT%24182ALLCOA 66 58. 9reees9. (Amended by Planning Commission on November 16, 1992). 59. All proposed slopes, open space, and park land intended for dedication to the TCSD for maintenance purposes shall be identified on the final map by numbered lots and indexed to identify said lot numbers as a proposed TCSD maintenance area. 60. Exterior slopes (as defined as: those slopes contiguous to public streets that have a width of 66' or wider), shall be offered for dedication to the TCSD for maintenance purposes following compliance to existing City standards and completion of an application process. All other slopes shall be maintained by an established Home Owners Association (HOA). 61. Proposed open space areas shall be maintained by Association (HOA). Open space areas of three (3) offered for dedication to the TCSD for maintenance recreational development, following compliance to completion of an application process. (Amended November 16, 1992). an established Home Owners acres or greater 614811 may be purposes and possible further existing City standards and by Planning Commission on 62. Prior to recordation of final map, the applicant or his assignee, shall offer for dedication parkland as identified in the Development Agreement. 63. All necessary documents to convey to the TCSD any required easements for parkway and/or slope maintenance as specified on the tentative map or in these Conditions of Approval shall be submitted by the developer or his assignee prior to the recordation of final map. 64. Landscape conceptual drawings for project areas (project areas may consist of slopes, streetscape, medians, turf areas, recreational trails, parks, and etc. that are to be maintained by the TCSD) identified as TCSD maintenance areas shall be reviewed and approved by TCSD staff prior to recordation of final map. 65. All areas identified for inclusion into the TCSD shall be reviewed by TCSD staff. Failure to submit said areas for staff review prior to recordation of final map wilt may preclude their inclusion into the TCSD. {Amended by Planning Commission on November 16, 1992). 66. (Amended by Planning Commission on November 16, 1992). S%STAFFRPtW41 a1AU,CQA 67 rior to Issuance of Certificate of 67. It shall be the developer's, the developer's successors or assignee responsibility.to disclose the existence of the TCSD, its zones and zone fees to all prospective purchasers at the same time they are given the parcel's Final Public Report. Said disclosure shall be made in a form acceptable to the TCSD. Proof of such disclosure, by means of a signed receipt for same, shall be retained by the developer or his successors/assignee and made available to TCSD staff for their inspection in the same manner as set forth in Section 2795.1 of the Regulations Of The Real Estate Commissioner. Failure to comply shall preclude acceptance of proposed areas into TCSD. 68. Prior to issuance of ay certificates of occupancy, the developer or his assignee shall submit, in a format as directed by TCSD staff, the most current list of Assessor's Parcel Numbers assigned to the final project. General 69. All landscape plans submitted for consideration shall be in conformance with CITY OF TEMECULA LANDSCAPE DEVELOPMENT PLAN GUIDELINES AND SPECIFICATIONS. 70. The developer, the developer's successors or assignee, shall be responsible for all landscaping maintenance until such time as maintenance duties are accepted by the TCSD. PUBLIC WORKS DEPARTMENT The following are the Department of Public Works Conditions of Approval for this project, and shall be completed at no cost to any Government Agency. All previous conditions of approval shall remain in force except as superseded or amended by the following requirements. All questions regarding the true meaning of the conditions shall be referred to the appropriate staff person of the Department of Public Works. It is understood that the Developer correctly shows on the tentative map or site plan all existing and proposed easements, traveled ways, improvement constraints and drainage courses, and their omission may require the project to be resubmitted for further review and revision. GENERAL REQUIREMENTS 71. A Grading Permit for either rough or precise (including all onsite flat work and improvements) construction shall be obtained from the Department of Public Works prior to commencement of any construction outside of the City-maintained road right- of-way. 3XSTArrnrTV41e2ALL.c0A 68 72. An Encroachment Permit shall be obtained from the Department of Public Works prior to commencement of any construction within an existing or proposed City right-of-way. 73. A copy of the grading and improvement plans, along with supporting hydrologic and hydraulic calculations shall be submitted to the Riverside County Flood Control District for approval prior to recordation of the final map or the issuance of any permits. 74. All improvement plans, grading plans, landscape and irrigation plans shall be coordinated for consistency with adjacent projects and existing improvements contiguous to the site. 75. Pursuant to Section 66493 of the Subdivision Map Act, any subdivision which is part of an existing Assessment District must comply with the requirements of said section. PRIOR TO ISSUANCE OF GRADING PERMITS: 76. The final grading plan shall be prepared by a Registered Civil Engineer and shall be reviewed and approved by the Department of Public Works. 77. All lot drainage shall be directed to the driveway by side yard drainage swales independent of any other lot, or other devices as otherwise approved by the Department of Public Works. (Amended by Planning Commission on November 16, 1992). 78. Prior to issuance of a grading permit, developer must comply with the requirements of the National Pollutant Discharge Elimination System (NPDES) permit from the State Water Resources Control Board. No grading shall be permitted until an NPDES Notice of Intent has been filed or the project is shown to be exempt. 79. Prior to the issuance of a grading permit, the developer shall receive written clearance from the following agencies: • San Diego Regional Water Quality; • Riverside County Flood Control District: • Planning Department; • Department of Public Works; • General Telephone; • Southern California Edison Company; and • Southern California Gas Company. 80. A Soils Report shall be prepared by a registered soils engineer and submitted to the Department of Public Works with the initial grading plan check. The report shall address all soils conditions of the site, and provide recommendations for the construction of engineered structures and pavement sections. 81. An erosion control plan shall be prepared by a registered civil engineer and submitted to the Department of Public Works for review and approval. SWAFFFFT124192ALLCOA. 69 82. Graded but undeveloped land shall be maintained in a weedfree condition and shall be either planted with interim landscaping or provided with other erosion control measures as approved by the Department of Public Works. 83. A flood mitigation charge shall be paid. The charge shall equal the prevailing Area Drainage Plan fee rate multiplied by the area of new development. The charge is payable to the Flood Control District prior to issuance of permits. If the full Area Drainage Plan fee or mitigation charge has been already credited to this property, no new charge needs to be paid. 84. The developer shall obtain any necessary letters of approval or easements for any offsite work performed on adjacent properties as directed by the Department of Public Works. 85. A drainage study shall be submitted to the Department of Public Works for review and approval. The drainage study shall include, but not be limited to, the following criteria: Drainage and flood protection facilities which will protect all structures by diverting site runoff to streets or approved storm drain facilities as directed by the Department of Public Works. b. Identify and mitigate impacts of grading to any onsite or offsite drainage courses. The location of existing and post development 100-year floodplain and floodway shall be shown on the improvement plan, 86. The subdivider shall accept and properly dispose of all off-site drainage flowing onto or through the site. In the event the Department of Public Works permits the use of streets for drainage purposes, the provisions of Section XI of Ordinance No. 460 will apply. Should the quantities exceed the street capacity, or use of streets be prohibited for drainage purposes, the subdivider shall provide adequate facilities as approved by the Department of Public Works. 87. The subdivider shall protect downstream properties from damages caused by alteration of the drainage patterns; i.e., concentration or diversion of flow. Protection shall be provided by constructing adequate drainage facilities, including enlarging existing facilities or by securing a drainage easement. 88. A drainage easement shall be obtained from the affected property owners for the release of concentrated or diverted storm flows onto the adjacent property. A copy of the drainage easement shall be submitted to the Department of Public Works for review prior to recordation. The location of the recorded easement shall be delineated on the grading plan. 89. An Encroachment Permit shall be required from Caltrans for any work within their right- of-way. 90. A permit from Riverside County Flood Control District is required for work within their right-of-way. S%STAFHiPTY4182ALLC0A 70 PRIOR TO THE ISSUANCE OF ENCROACHMENT PERMITS: 91. All necessary grading permit requirements shall have been submitted /accomplished to the satisfaction of the Department of Public Works. 92. Improvement plans, including but not limited to, streets, parkway trees, street lights, driveways, drive aisles, parking lot lighting, drainage facilities and paving shall be prepared by a Registered Civil Engineer on 24" x 36" mylar sheets and approved by the Department of Public Works. Final plans (and profiles on streets) shall show the location of existing utility facilities and easements as directed by the Department of .Public Works. 93. The following criteria shall be observed in the design of the improvement plans to be submitted to the Department of Public Works: A. Flowline grades shall be 0.5% minimum over P.C.C. and 1.00% minimum over A.C. paving. B. Driveways shall conform to the applicable City of Temecula standards 207/207A and 401 (curb and sidewalk). C. Street lights shall be installed along the public streets adjoining the site in accordance with Ordinance 461 and shall be shown on the improvement plans as directed by the Department of Public Works. D. Concrete sidewalks shall be constructed along public street frontages in accordance with City standard 400 and 401. E. Improvement plans shall extend 300 feet beyond the project boundaries or as otherwise approved by the Department of Public Works. F. Minimum centerline radii shall be in accordance with City standard 113 or as otherwise approved by the Department of Public Works. G. All reverse curves shall include a 100 foot minimum tangent section or as otherwise approved by the Department of Public Works. H. All street and driveway centerline intersections shall be at 90 degrees or as approved by the Department of Public Works. 1. Landscaping shall be limited in the corner cut-off area of all intersections and adjacent to driveways to provide for minimum sight distance and visibility. 94. The minimum centerline grade for streets shall be 0.50 percent or as otherwise approved by the Department of Public Works. 95. All driveways shall conform to the applicable City of Temecula standards and shall be shown on the street improvement plans in accordance with City Standard 207 and 208. MSTAFFFPTV4102ALLC0A 71 96. All driveways shall be located a minimum of two (2) feet from the side property line. 97. All utility systems including gas, electric, telephone, water, sewer, and cable TV shall be provided for underground, with easements provided as required, and designed and constructed in accordance with City Codes and the utility provider. Telephone, cable TV, and/or security systems shall be pre-wired in the residence. 98. All utilities, except electrical lines rated 33kv or greater, shall be installed underground. 99. A construction area traffic control plan shall be designed by a registered Civil Engineer and approved by the City Engineer for any street closure and detour or other disruption to traffic circulation as required by the Department of Public Works. PRIOR TO RECORDATION OF FINAL MAP: 100. The developer shall construct or post security and enter into an agreement guaranteeing the construction of the following public improvements in conformance with applicable City Standards and subject to approval by the Department of Public Works. A. Street improvements, which may include, but are not limited to: pavement, curb and gutter, sidewalks, drive approaches, street lights, signing, traffic signals and other traffic control devices as appropriate. B. Storm drain facilities C. Landscaping (slopes and parkways). D. Erosion control and slope protection. E. Sewer and domestic water systems. F. All trails, as required by the City's Master Plans. G. Undergrounding of proposed utility distribution lines. 101. As deemed necessary by the Department of Public Works, the developer shall receive written clearance from the following agencies: Rancho California Water District; Eastern Municipal Water District; Riverside County Flood Control District; - City of Temecula Fire Bureau; - Planning Department; - Department of Public Works; - Riverside County Health Department; - CATV Franchise; - CalTrans; - Parks and Recreation Department; - General Telephone; S%TAFFFFTU4182AU.C0A 72 Southern California Edison Company; and Southern California Gas Company 102. If phasing of the map for construction is proposed, legal all-weather access as required by Ordinance 460 shall be provided from the tract map boundary to a paved City maintained road. 103. Pedestrian access with sidewalk shall be provided from the cul-de-sac terminus of Street "D", "J", "M', "P", "Q", 'S" and "U" through the•open space and paseo areas to adjacent streets. 104. All road easements and/or street dedications shall be offered for dedication to the public and shall continue in force until the City accepts or abandons such offers. All dedications shall be free from all encumbrances as approved by the Department of Public Works. 105. Streets "B" up to Street "G", "Co, 'D' up to Street "N', "F" and "T" up to Street "P" shall be improved with 50 feet of asphalt concrete pavement with a raised 10-foot wide median, or bonds for the street improvements may be posted, within the dedicated right-of-way in accordance with modified City Standard No. 104, Section A (70'/50'). 106. All remaining interior local streets shall be improved with 40 feet of asphalt concrete pavement, or bonds for the street improvements may be posted, within the dedicated right-of-way in accordance with City Standard No. 104, Section A (60'140'). 107. Street "A" shall be improved with 44 feat of asphalt concrete pavement, or bonds for the street improvements may be posted, within the dedicated right-of-way in accordance with City Standard No. 103, Section A (66'/44'). 108. Meadows Parkway shall be improved with 38 feet of half street improvement plus one 12-foot lane outside the median, or bonds for the street improvements may be posted, within the dedicated right-of-way in accordance with City Standard No. 101, (100'/76'). 109. In the event that the required access improvements for this development are not constructed by Assessment District No. 159 prior to recordation of the final map, the developer shall construct or bond for all required access improvements per applicable City Standards. All Assessment District No. 159 improvements necessary for access to the development shall be constructed prior to occupancy. The Developer shall enter into a reimbursement agreement with the City of Temecula for construction of all offsite improvements necessary to serve the development as deemed appropriate by the Department of Public Works. 110. Cul-de-sacs and knuckles shall be constructed per the appropriate City Standards and as shown on the approved Tentative Map. 111. Left turn lanes shall be provided at all intersections on Street "A" and Meadows Parkway. S%STAFFRPTl24182ALL.C0A 73 112. The developer shall make a good faith effort to acquire the required off-site property interests, and if he or she should fail to do so, the developer shall, prior to submittal of the final map for recordation, enter into an agreement to complete the improvements pursuant to the Subdivision Map Act, Section 66462 and Section 66462.5. Such agreement shall provide for payment by the developer of all costs incurred by the City to acquire the off-site property interests required in connection with the subdivision. Security of a portion of these costs shall be in the form of a cash deposit in the amount given in an appraisal report obtained by the developer, at the developer's cost. The appraiser shall have been approved by the City prior to commencement of the appraisal. 113. Vehicular access shall be restricted on Street "A" and Meadows Parkway and so noted on the final map with the exception of street intersections and across the elementary school site frontage as shown on the approved Tentative Map and as approved by the Department of Public Works. 114. A signing and striping plan shall be designed by a registered Civil Engineer and approved by the Department of Public Works for Street "A" and Meadows Parkway and shall be included in the street improvement plans. 115. Plans for a traffic signal shall be designed by a registered Civil Engineer and approved by the Department of Public Works for the intersection of Meadows Parkway at Street "D" and shall be included in the street improvement plans with the second plan check submittal. 116. Prior to designing any of the above plans, contact Transportation Engineering for the design requirements. 117. Bus bays will be provided at all existing and future bus stops as determined by the Department of Public Works. 118. Corner property line cut off shall be required per Riverside County Standard No. 805. 119. Easements for sidewalks for public uses shall be dedicated to the City where sidewalks meander through private property. 120. Easements, when required for roadway slopes, landscape easements, drainage facilities, joint-use driveways, utilities, etc., shall be shown on the final map if they are located within the land division boundary. All offers of dedication and conveyances shall be submitted for review and recorded as directed by the Department of Public Works. On-site drainage facilities located outside of road right-of-way shall be contained within drainage easements and shown on the final map. A note shall be added to the final map stating "drainage easements shall be kept free of buildings and obstructions." 121. Prior to recordation of the final map, an Environmental Constraints Sheet (ECS) shall be prepared in conjunction with the final map to delineate identified environmental concerns and shall be permanently filed with the office of the City Engineer. A copy of the ECS shall be transmitted to the Planning Department for review and approval. SWAFFWTQ4182ALL.COA 14 122. The developer shall comply with all constraints which may be shown upon an Environmental Constraint Sheet recorded with any underlying maps related to the subject property. 123. Prior to recordation of the final map, the developer shall deposit with the Department of Public Works a cash sum as established, per lot, as mitigation towards traffic signal impacts. Should the developer choose to defer the time of payment of traffic signal mitigation fee, he may enter into a written agreement with the City deferring said payment to the time of issuance of a building permit. 124. Prior to recording the final map, the subdivider shall notify the City's CAN Franchises of the Intent to Develop. Conduit shall be installed to CAN Standards at time of street improvements. PRIOR TO BUILDING PERMIT: 125. A precise grading plan shall be submitted to the Department of Public Works for review and approval. The building pad shall be certified by a registered Civil Engineer for location and elevation, and the Soils Engineer shall issue a Final Soils Report addressing compaction and site conditions. 126. Grading of the subject property shall be in accordance with the Uniform Building Code, the approved grading plan, the conditions of the grading permit, City Grading Standards and accepted grading construction practices. The final grading plan shall be in substantial conformance with the approved rough grading plan. All grading shall also be in conformance with the recommendations of the County Geologist, dated May 15, 1989. 127. EISY91808F shall exesute the Agra ef the bend she" be $2.GG pef SqUaFe feet, net to e*eeed *10,999, Develeper. widOFSWRds that said A@Feement FF18Y FOqbldFe !he paymeRl at fees *A exesse of these emeekitwen of !his A@Feemew, de%selepw will waive aRy Fight W PFOWM the pfeyiSiepa . (Amended by Planning Commission on November 16, 1992). S%STAFFRPT%24182ALL.c0A 75 PRIOR TO ISSUANCE OF CERTIFICATES OF OCCUPANCY: 128. All improvements shall be completed and in place per the approved plans, including but not limited to, curb and gutter, A.C. pavement, sidewalk, drive approaches, drainage facilities, parkway trees and street lights on all interior public streets. 129. All signing and striping shall be installed per the approved signing and striping plan. 130. All traffic signals shall be installed and operational per the special provisions and the approved traffic signal plan. 131. The subdivider shall provide "stop" controls at the intersection of local streets with arterial streets as directed by the Department of Public Works. 132. All landscaping shall be installed in the corner cut-off area of all intersection and adjacent to driveways to provide for minimum sight distance as directed by the Department of Public Works. 133. A 32' wide paved secondary access road for phased development shall be constructed within a recorded private road easement as approved by the Department of Public Works per City of Temecula Standard 106 (60'/32'). 134. Asphaltic emulsion (fog seal) shall be applied only as directed by the Department of Public Works for pavement joins and transition coatings. Asphalt emulsion shall conform to Section Nos. 37, 39, and 94 of the State Standard Specifications. 135. In the event that the required improvements for this development are not completed by Assessment District 159 prior to certification for occupancy, the Developer shall construct all required improvements. The Developer shall also provide an updated traffic analysis as directed by the Department of Public Works to determine the construction timing and the Developer's percent of contribution toward any facilities not completed per the schedules of improvement, tables XV and XVI, for the Rancho Villages Assessment. The Developer shall also enter into a reimbursement agreement with the City of Temecula for the construction of any necessary improvements not completed by Assessment District 159 as determined by the approved traffic analysis. SWAFFRM24102ALL.COA 76 CITY OF TEMECULA CONDITIONS OF APPROVAL Vesting Tentative Tract Map No: 24187, Amendment No. 3, First Extension of Time Project Description: To Subdivide 74.6 acres into 363 Single Family Residential and 10 Open Space Lots Assessor's Parcel No.: 955-030-008 955-030-009 955-030-010 Approval Date: Expiration Date: PLANNING DEPARTMENT 1. The tentative subdivision shall comply with the State of California Subdivision Map Act and to all the requirements of Ordinance 460, unless modified by the conditions listed below. A time extension may be approved in accordance with the State Map Act and City Ordinance, upon written request, if made 30 days prior to the expiration date. 2. Any delinquent property taxes shall be paid prior to recordation of the final map. 3. Subdivision phasing shall be subject to Planning Department Approval. 4. Prior to recordation of the final map, an Environmental Constraints Sheet (ECS) shall be prepared in conjunction with the final map to delineate identified environmental concerns and shall be permanently filed with the office of the City Engineer. A copy of the ECS shall be transmitted to the Planning Department for review and approval. The approved ECS shall be forwarded with copies of the recorded final map to the Planning Department and the Department of Building and Safety. The following notes shall be placed on the ECS: A. "This property is located within thirty (30) miles of Mount Palomar Observatory. All proposed outdoor lighting systems shall comply with the California Institute of Technology. Palomar Observatory Outdoor Lighting Policy.' B. 'EIR No. 235 and an Addendum to this EIR was prepared for this project and is on file at the City of Temecula Planning Department.' S%STAFRWN?41WAU-C0A 77 Prior to issuance of GRADING PERMITS the following Conditions shall be satisfied: A. If the project is to be phased, prior to the approval of grading permits, an overall conceptual grading plan shall be submitted to the Planning Director for approval. The plan shall be used as a guideline for subsequent detailed grading plans for individual phases of development and shall include the following: (1) Techniques which will be utilized to prevent erosion and sedimentation during and after the grading process. (2) Approximate time frames for grading and identification of areas which may be graded during the higher probability rain months of January through March. (3) Preliminary pad and roadway elevations. (4) Areas of temporary grading outside of a particular phase. B. The developer shall provide evidence to the Director of Building and Safety that all adjacent off-site manufactured slopes have recorded slope easements and that slope maintenance responsibilities have been assigned as approved by the Director of Building and Safety. C. The applicant shall comply with the provisions of Ordinance No. 663 by paying the appropriate fee set forth in that ordinance. Should Ordinance No. 663 be superseded by the provisions of a Habitat Conservation Plan prior to the payment of the fee required by Ordinance No. 663, the applicant shall pay the fee required by the Habitat Conservation Plan as implemented by County ordinance or resolution. Prior to the issuance of BUILDING PERMITS the following conditions shall be satisfied: A. No building permits shall be issued by the City for any residential lot/unit within the project boundary until the developer or its successor's-in-interest provides evidence of compliance with public facility financing measures. A cash sum of one-hundred dollars ($100) per lot/unit shall be deposited with the City as mitigation for public library development. B. With the submittal of building plans to the Department of Building and Safety a copy of the acoustical study prepared by Wilber Smith Associates dated September 22, 1992 and subsequent study dated October 3, 1992 shall be submitted to ensure the implementation of the study to reduce ambient interior noise levels to 45 Ldn and exterior levels to 65 Ldn. C. Roof-mounted mechanical equipment shall not be permitted within the subdivision, however solar equipment or any other energy saving devices shall be permitted with Planning Department approval. 7. The subdivider shall defend, indemnify, and hold harmless the City of Temecula, its agents, officer, and employees from any claim, action, or proceeding against the City SWAFFAM241 euu.coA 78 of Temecula or its agents, officer, or employees to attach, set aside, void, or annul an approval of the City of Temecula, its advisory agencies, appeal boards or legislative body concerning Vesting Tentative Tract Map No. 24187, Amendment No. 3, which action is brought within the time period provided for in California Government Code Section 66499.37. The City of Temecula will promptly notify the subdivider of any such claim, action, or proceeding against the City of Temecula and will cooperate fully in the defense. If the City fails to promptly notify the subdivider of any such claim, action, or proceeding or fails to cooperate fully in the defense, the subdivider shall not, thereafter, be responsible to defend, indemnify, or hold harmless the City of Temecula. 8. The Covenants, Conditions and Restrictions (CC&R's) shall be reviewed and approved by the Planning Department prior to final map recordation of the tract maps. The CC&R's shall include liability insurance and methods of maintaining the open space, recreation areas, parking areas, private roads, exterior of all buildings and parkways. (Amended by Planning Commission on November 16, 1992). 9. No lot or dwelling unit in the development shall be sold unless a corporation, association, property owner's group, or similar entity has been formed with the right to assess all properties individually owned or jointly owned which have any rights or interest in the use of the common areas and common facilities in the development, such assessment power to be sufficient to meet the expenses of such entity, and with authority to control, and the duty to maintain, all of said mutually available features of the development. Such entity shall operate under recorded CC&R's which shall include compulsory membership of all owners of lots and/or dwelling units and flexibility of assessments to meet changing costs of maintenance, repairs, and services. Recorded CC&R's shall permit enforcement by the City of Provisions required by the City as Conditions of Approval. The developer shall submit evidence of compliance with this requirement to, and receive approval of, the City prior to making any such sale. This condition shall not apply to land dedicated to the City for public purposes. 10. (Amended by Planning Commission on November 16, 1992). 11. Every owner of a dwelling unit or lot shall own as an appurtenance to such dwelling unit or lot, either (1) an undivided interest in the common areas and facilities, or.(2) as share in the corporation, or voting membership in an association, owning the common areas and facilities. 12. Within forty-eight (48) hours of the approval of this project, the applicant/developer shall deliver to the Planning Department a cashiers check or money order payable tc the County Clerk in the amount of Eight Hundred, Seventy-Five Dollars ($875.00) which includes the Eight Hundred, Fifty Dollar ($850.00) fee, in compliance with AB 3158, required by Fish and Game Code Section 711.4(d)(3) plus the Twenty-Five Dollar ($25.00) County administrative fee, to enable the City to file the Notice of Determination required under Public Resources Code Section 21152 and 14 Cal. Code of Regulations 15094. If within such forty-eight (48) hour period the applicant/developer has not delivered to the Planning Department the check required above, the approval for the project granted herein shall be void by reason of failure of condition, Fish and Game Code Section 711.4(c). S%STAFFWT'24182ALL.COA 79 13. A Neighborhood Entry Statement shall be constructed per Figure 37 of Specific Plan No. 219, Amendment No. 3 for Streets B, C, D and E. 14. Bicycle trails shall be constructed per Figure 6 of Specific Plan No. 219, Amendment No. 3 along Meadows Parkway, Class I and Street A, Class II. 15. Minor Project Entry Statements shall be constructed per Figures 35 and 36 of Specific Plan No. 219, Amendment No. 3 for lot 365. 16. A Community Paseo shall be constructed per Figure 30 of Specific Plan No. 219, Amendment No. 3 for lots 369. 17. A Secondary Paseo shall be constructed per the cross section on the map for lots 372 and 373. 18. A Paseo Entry Statement shall be constructed per Figure 39 of Specific Plan No. 219, Amendment No. 3 for lot 369. 19. Roadway landscape treatment shall be constructed per Figure 27 of Specific Plan No. 219, Amendment No. 3 for Street A. 20. Roadway landscape treatment shall be constructed per Figure 23B of Specific Plan No. 219, Amendment No. 3 for Meadows Parkway. 21. The Landscape Development Zone (LDZ) along Major Community Street Scene, Meadows Parkway, shall use Deciduous Accent Grove Trees, Evergreen Background Grove Trees and Informal Street Tree Groupings identified on the plant palette per Section IV.C.1.b.2.a., b. and c. of Specific Plan No. 219, Amendment No. 3. 22. The LDZs along the Project Street Scene Street A shall use the plant palette per Section IV.C.1.c.1. of Specific Plan No. 219, Amendment No. 3. 23. Greenbelt Paseo Trees as identified in Section IV.C.1.d.4.a. and b. of Specific Plan No. 219, Amendment No. 3 shall be used for lots 369, 372 and 373. 24. Community Theme Solid Walls or Community Theme Tubular Steel Open Fence or a combination of the two shall be constructed per Figure 40 of Specific Plan No. 219, Amendment No. 3; the finish and color of these walls shall be consistent with Section IV.C.2.b.2.e. of Specific Plan No. 219, Amendment No. 3. These walls shall be constructed along Meadows Parkway. 25. Project Masonry Walls and Project View Walls shall be constructed per Figure 41 of Specific Plan No. 219, Amendment No. 3; these walls shall be constructed along Streets A, B, C, D, and E. 26. The Medium High Density Residential landscape requirements shall be consistent with Section IV.C.3.c.1. through 14. of Specific Plan No. 219, Amendment No. 3. 27. The accent trees identified in Section IV.C.1.d.3. of Specific Plan No. 219, Amendment No. 3 shall be used for the landscaping for Streets A, B, C, D and E. SWTAFFRPR24182ALL.COA 80 28. The plant material palette identified in Section IV.C.i.e. of Specific Plan No. 219, Amendment No. 3 may be used in conjunction with all other specified plant palettes. 29. The seed mix for Turf Grass identified in Section IV.C.t.e of Specific Plan No. 219, Amendment No. 3 shall be used throughout the project. Comparable sod may be used instead of the seed mix. 31. A performance bond and a one year maintenance bond shall be required for all landscaping installed except for landscaping within individual lots. The amount of this landscaping shall be subject to the approval of the Planning Department. This bond shall be secured after completion of said landscaping and prior to release of the dwelling units tied to the timing of the landscaped area. (Amended by Planning Commission on November 16, 1992). 32• Erosion control planting shag commence as soon as slopes are completed on any portion of the site during and following the grading operations. A performance bond shall be secured with the Planning Department prior to issuance of any grating permits to insure the installation of this landscaping. Cut slopes equal to or greater than five (5) feet in vertical height and fill slopes equal to or greater than three (3) feet in vertical height shall be planted with a ground cover to protect the slope from erosion and instability. Slopes exceeding fifteen (15) feet in vertical height shall be planted with shrubs, spaces not more than ten (10) feet on center or trees spaced not to exceed twenty (20) feet on center or a combination of shrubs and trees at equivalent spacings, in addition to the ground cover. Other standards of erosion control shall be consistent with Ordinance No. 457.57. (Amended by Planning Commission on November 16, 1992). 33. Irrigation for the project site shall be consistent with Section IV.C.1.j, of Specific Plan No. 219, Amendment No. 3. 34. Community Theme Walls may be substituted for Project Theme Walls at the developers discretion. 35. Wood fencing shall only be allowed along the side yards and the rear yards of single family dwellings. Project Theme Walls shall be used along the side yards facing the street for corner lots. 36. The residential lot street tree requirements and front yard requirements shall be consistent with Section IV.C.3.a.1.,2., and 3. of Specific Plan No. 219, Amendment No. 3. SWAFFFUM24102ALL.COA 81 37. All lighting within the project shall be consistent with Section IV.C.5 of Specific Plan No. 219, Amendment No. 3. 38. All future development on this site will require further review and approval by the City of Temecula. These developments shall be consistent with the Purpose and Intent of the Architecture and Landscape Guidelines set forth in the Design Guidelines of Specific Plan No. 219, Amendment No. 3 (Section IV). 39. All future development within this project shall comply with applicable Zoning Ordinance Standards adopted for Specific Plan No. 219, Amendment No. 3. 40. The amenities and standards identified in Section III.A.7.a. and b. of Specific Plan No. 219, Amendment No. 3 for parks, recreation areas, activity nodes, private active participation opportunities, open space, greenbelt paseos and parkway paseos shall be used for developing these areas or as modified by the Planning Application No. 92- 0013 (Development Agreement). 41. Maintenance and timing for completion of all open space areas shall be as identified in Planning Application No. 92-0013 (Development Agreement) or shall be consistent with Specific Plan No. 219, Amendment No. 3, if the Development Agreement is null and void. 42. A Mitigation Monitoring Program shall be submitted and approved by the Planning Department prior to recordation of the Final Map. 43. A conceptual landscape plan shall be submitted to the Planning Department prior to recordation of the Final Map for review and approval. The following needs to be included in these plans: A. Typical front yard landscaping for interior, corner and cul-de-sac lots. B. Typical slope landscaping. C. Private and public park improvements and landscaping. D. All open space area landscaping including, private and public common areas, private recreational areas, paseos, equestrian trails, monuments and Landscape Development Zones. All landscape plans shall identify the number and size of all plants, the type of irrigation to be used, all hardscaping, fences and walls. F. The timing for installation of all landscaping walls and trails shall be identified prior to approval of these plans. G. The plant heights at sensitive locations for traffic safety shall be subject to the approval of the Public Works Department. H. The timing for submittal and approval of the construction landscape plans shall be identified for all improvements within this condition. 8%STAFFXPn24192ALLCCA 82 The responsibility for installation of all landscaping and walls shall be identified. J. All private open space areas that will not be dedicated to the City as identified in the Development Agreement shall be developed as an integrated part of the open space lot that they are a part of and shall be consistent with the provisions of the Specific Plan. K. Fifty (50) percent of all trees planted within the project shall be a minimum of twenty four (24) inch box. The landscape plans proposed for each phase shall incorporate the fifty (50) percent mix of twenty four (24) inch box trees into the design. L. A note shall be placed on the conceptual landscape plans that all trees shall be double staked and automatic irrigation shall be installed for all landscaping. These provisions shall be incorporated into the construction plans. M. A note shall be added to all conceptual landscape plans that all utility service areas and enclosures shall be screened from view with landscaping. This equipment shall be identified on the construction landscape plans and shall be screened as specified on this condition. 44. The development of this project and all subsequent developments within this project shall be consistent with Specific Plan No. 219, Amendment No. 3 and Planning Application No. 92-0013 (Development Agreement) or any subsequent amendments. 45. If the Gnatcatcher is listed as an endangered species, proper studies and mitigation measures shall be necessary prior to issuance of grading permits. These studies and mitigation measures shall be acceptable to Fish and Game and/or Fish and Wildlife. 46. Double-pane window treatment shall be required for second floor elevation windows in any two-story homes constructed on the lots identified in the Acoustical Study prepared by Wilber Smith Associates dated September 22, 1992 and its supplement dated October 3, 1992. OTHER AGENCIES 47. The applicant shall comply with the environmental health recommendations outlined in the County Health Department's transmittal dated October 6, 1992, a copy of which is attached. 48. The applicant shall comply with the flood control recommendations outlined in the Riverside County Flood Control District's letter dated October 22, 1992, a copy of which is attached. If the project lies within an adopted flood control drainage area pursuant to Section 10.25 of City of Temecula Land Division Ordinance 460, appropriate fees for the construction of area drainage facilities shall be collected by the City prior to issuance of Occupancy Permits. 49. The applicant shall comply with the fire improvement recommendations outlined in the County Fire Department's letter dated October 15, 1992, a copy of which is attached. S%STAFFR"U41B2AUX0A 83 50. The applicant shall comply with the recommendations outlined in the Department of Transportation transmittal dated January 23, 1992, a copy of which is attached. 51. The applicant shall comply with the recommendations outlined in the Rancho Water District transmittal date January 21, 1992, a copy of which is attached. 52. The applicant shall comply with the recommendations outlined in the Riverside Transit Agency transmittal dated January 21, 1992, a copy of which is attached. 53. The applicant shall comply with the recommendation outlined in the Temecula Valley 'Unified School District transmittal dated May 7, 1992, a copy of which is attached. BUILDING AND SAFETY DEPARTMENT 54. All proposed construction shall comply with the California Institute of Technology, Palomar Observatory Outdoor Lighting Policy. COMMUNITY SERVICES DEPARTMENT The following items are the City of Temecula, Community Services Department (TCSD) Conditions of Approval for this project and shall be completed at no cost to any Government Agency. The conditions shay be compiled with as set forth below, or as modified by separate Development Agreement. All questions regarding the true meaning of the Conditions shall be referred to the Development Service Division of TCSD. Prior to Recordation of Final Maoist 55. Proposed community park sites of less than three (3) acres are to be maintained by an established Home Owners Association (HOA), until offered and accepted by the TCSD for maintenance purposes. (Amended by Planning Commission on November 16, 1992). 56. pree" (Amended by Planning Commission on November 16, 1992). 57. All proposed slopes, open space, and park land intended for dedication to the TCSD for maintenance purposes shall be identified on the final map by numbered lots and indexed to identify said lot numbers as a proposed TCSD maintenance area. 58. Exterior slopes (as defined as: those slopes contiguous to public streets that have a width of 66' or wider), shall be offered for dedication to the TCSD for maintenance purposes following compliance to existing City standards and completion of an application process. All other slopes shall be maintained by an established Home Owners Association (HOA). 59. Proposed open space areas shall be maintained by an established Home Owners Association (HOA). Open space areas of three (3) acres or greater spell may be _ offered for dedication to the TCSD for maintenance purposes and possible further S%STAFFWT%241e2AU.coA 84 recreational development, following compliance to existing City standards and completion of an application process. (Amended by Planning Commission on November 16, 1992). 60. Prior to recordation of final map, the applicant or his assignee, shall offer for dedication parkland as identified in the Development Agreement. 61. All necessary documents to convey to the TCSD any required easements for parkway and/or slope maintenance as specified on the tentative map or in these Conditions of Approval shall be submitted by the developer or his assignee prior to the recordation of final map. 62. Landscape conceptual drawings for project areas (project areas may consist of slopes, streetscape, medians, turf areas, recreational trails, parks, and etc. that are to be maintained by the TCSD) identified as TCSD maintenance areas shall be reviewed and approved by TCSD staff prior to recordation of final map. 63. All areas identified for inclusion into the TCSD shall be reviewed by TCSD staff. Failure to submit said areas for staff review prior to recordation of final map wig may preclude. their inclusion into the TCSD. (Amended by Planning Commission on November 16, 1992). 64. (Amended by Planning Commission on November 16, 1992). Prior to Issuance of Certificate of Occu 65. It shall be the developer's, the developer's successors or assignee responsibility to disclose the existence of the TCSD, its zones and zone fees to all prospective purchasers at the same time they are given the parcel's Final Public Report. Said disclosure shall be made in a form acceptable to the TCSD. Proof of such disclosure, by means of a signed receipt for same, shall be retained by the developer or his successors/assignee and made available to TCSD staff for their inspection in the same manner as set forth in Section 2795.1 of the Regulations Of The Real Estate Commissioner. Failure to comply shall preclude acceptance of proposed areas into TCSD. 66. Prior to issuance of any certificates of occupancy, the developer or his assignee shall submit, in a format as directed by TCSD staff, the most current list of Assessor's Parcel Numbers assigned to the final project. SWAFFRP7174182AL1.COA 85 General 67. All landscape plans submitted for consideration shall be in conformance with CITY OF TEMECULA LANDSCAPE DEVELOPMENT PLAN GUIDELINES AND SPECIFICATIONS. 68. The developer, the developer's successors or assignee, shall be responsible for all landscaping maintenance until such time as maintenance duties are accepted by the TCSD. PUBLIC WORKS DEPARTMENT The following are the Department of Public Works Conditions of Approval for this project, and shall be completed at no cost to any Government Agency. All previous conditions of approval shall remain in force except as superseded or amended by the following requirements. All questions regarding the true meaning of the conditions shall be referred to the appropriate staff person of the Department of Public Works. It is understood that the Developer correctly shows on the tentative map or site plan all existing and proposed easements, traveled ways, improvement constraints and. drainage courses, and their omission may require the project to be resubmitted for further review and revision. GENERAL REQ IRCMENTS 69. A Grading Permit for either rough or precise (including all onsite flat work and improvements) construction shall be obtained from the Department of Public Works prior to commencement of any construction outside of the City-maintained road right- of-way. 70. An Encroachment Permit shall be obtained from the Department of Public Works prior to commencement of any construction within an existing or proposed City right-of-way. 71. A copy of the grading and improvement plans, along with supporting hydrologic and hydraulic calculations shall be submitted to the Riverside County Flood Control District for approval prior to recordation of the final map or the issuance of any permits. 72. All improvement plans, grading plans, landscape and irrigation plans shall be coordinated for consistency with adjacent projects and existing improvements contiguous to the site. 73. Pursuant to Section 66493 of the Subdivision Map Act, any subdivision which is part of an existing Assessment District must comply with the requirements of said section. S%STAFFWTr 2a1S7ALL.COA 86 PRIOR TO ISSUANCE OF GRADING PERMITS: 74. The final grading plan shall be prepared by a Registered Civil Engineer and shall be reviewed and approved by the Department of Public Works. 75. All lot drainage shall be directed to the driveway by side yard drainage swales independent of any other lot, or other devices as otherwise approved by the Department of Public Works. (Amended by Planning Commission on November 16, 1992). 76. Prior to issuance of a grading permit, developer must comply with the requirements of the National Pollutant Discharge Elimination System INPDES) permit from the State Water Resources Control Board. No grading shall be permitted until an NPDES Notice of Intent has been filed or the project is shown to be exempt. 77. Prior to the issuance of a grading permit, the developer shall receive written clearance from the following agencies: • San Diego Regional Water Quality; • Riverside County Flood Control District; Planning Department; • Department of Public Works; • General Telephone; • Southern California Edison Company; and • Southern California Gas Company. 78. A Soils Report shall be prepared by a registered soils engineer and submitted to the Department of Public Works with the initial grading plan check. The report shall address all soils conditions of the site, and provide recommendations for the construction of engineered structures and pavement sections. 79. An erosion control plan shall be prepared by a registered civil engineer and submitted to the Department of Public Works for review and approval. 80. Graded but undeveloped land shall be maintained in a weedfree condition and shall be either planted with interim landscaping or provided with other erosion control measures as approved by the Department of Public Works. 81. A flood mitigation charge shall be paid. The charge shall equal the prevailing Area Drainage Plan fee rate multiplied by the area of new development. The charge is payable to the Flood Control District prior to issuance of permits. If the full Area Drainage Plan fee or mitigation charge has been already credited to this property, no new charge needs to be paid. 82. The developer shall obtain any necessary letters of approval or easements for any offsite work performed on adjacent properties as directed by the Department of Public Works. S%STAFF11PT124152A11.COA 87 83. A drainage study shall be submitted to the Department of Public Works for review and approval. The drainage study shall include, but not be limited to, the following criteria: a. Drainage and flood protection facilities which will protect all structures by diverting site runoff to streets or approved storm drain facilities as directed by the Department of Public Works. b. Identify and mitigate impacts of grading to any onsite or offsite drainage courses. C. The location of existing and post development 100-year floodplain and floodway shall be shown on the improvement plan. 84. The subdivider shall accept and properly dispose of all off-site drainage flowing onto or through the site. In the event the Department of Public Works permits the use of streets for drainage purposes, the provisions of Section XI of Ordinance No. 460 will apply. Should the quantities exceed the street capacity, or use of streets be prohibited for drainage purposes, the subdivider shall provide adequate facilities as approved by the Department of Public Works. 85. The subdivider shall protect downstream properties from damages caused by alteration of the drainage patterns; i.e., concentration or diversion of flow. Protection shall be provided by constructing adequate drainage facilities, including enlarging existing facilities or by securing a drainage easement. 86. A drainage easement shall be obtained from the affected property owners for the release of concentrated or diverted storm flows onto the adjacent property. A copy of the drainage easement shall be submitted to the Department of Public Works for review prior to recordation. The location of the recorded easement shall be delineated on the grading plan. 87. An Encroachment Permit shall be required from Caltrans for any work within their right- of-way. 88. A permit from Riverside County Flood Control District is required for work within their right-of-way. PRIOR TO THE ISSUANCE OF ENCROACHMENT PERMITS: 89. All necessary grading permit requirements shall have been submitted /accomplished to the satisfaction of the Department of Public Works. 90. Improvement plans, including but not limited to, streets, parkway trees, street lights, driveways, drive aisles, parking lot lighting, drainage facilities and paving shall be prepared by a Registered Civil Engineer on 24" x 36" mylar sheets and approved by the Department of Public Works. Final plans land profiles on streets) shall show the location of existing utility facilities and easements as directed by the Department of Public Works. S1.STAFFWT124102ALLC0A 88 91. The following criteria shall be observed in the design of the improvement plans to be submitted to the Department of Public Works: A. Flowline grades shall be 0.5% minimum over P.C.C. and 1.00% minimum over A.C. paving. B. Driveways shall conform to the applicable City of Temecula standards 207/207A and 401 (curb and sidewalk). C. Street lights shall be installed along the public streets adjoining the site in accordance with Ordinance 461 and shall be shown on the improvement plans as directed by the Department of Public Works. D. Concrete sidewalks shall be constructed along public street frontages in accordance with City standard 400 and 401. E. Improvement plans shall extend 300 feet beyond the project boundaries or as otherwise approved by the Department of Public Works. F. Minimum centerline radii shall be in accordance with City standard 113 or as otherwise approved by the Department of Public Works. G. All reverse curves shall include a 100 foot minimum tangent section or as otherwise approved by the Department of Public Works. H. All street and driveway centerline intersections shall be at 90 degrees or as approved by the Department_of Public Works. I. Landscaping shall be limited in the corner cut-off area of all intersections and adjacent to driveways to provide for minimum sight distance and visibility. 92. The minimum centerline grade for streets shall be 0.50 percent or as otherwise approved by the Department of Public Works. 93. All driveways shall conform to the applicable City of Temecula standards and shall be shown on the street improvement plans in accordance with City Standard 207 and 208. 94. All driveways shall be located a minimum of two (2) feet from the side property line 95. All utility systems including gas, electric, telephone, water, sewer, and cable TV shall be provided for underground, with easements provided as required, and designed and constructed in accordance with City Codes and the utility provider. Telephone, cable TV, and/or security systems shall be pre-wired in the residence. 96. All utilities, except electrical lines rated 33kv or greater, shall be installed underground. 97. A construction area traffic control plan shall be designed by a registered Civil Engineer and approved by the City Engineer for any street closure and detour or other disruption to traffic circulation as required by the Department of Public Works. 5%STAFFRPT1241s2Au.coA 89 PRIOR TO RECORDATION OF FINAL MAP: 98. The developer shall construct or post security and enter into an agreement guaranteeing the construction of the following public improvements in conformance with applicable City Standards and subject to approval by the Department of Public Works. A. Street improvements, which may include, but are not limited to: pavement, curb and gutter, sidewalks, drive approaches, street lights, signing and other traffic control devices as appropriate. B. Storm drain facilities C. Landscaping (slopes and parkways). D. Erosion control and slope protection. E. Sewer and domestic water systems. F. All trails, as required by the City's Master Plans. G. Undergrounding of proposed utility distribution lines. 99. As deemed necessary by the Department of Public Works, the developer shall receive written clearance from the following agencies: Rancho California Water District; Eastern Municipal Water District; - Riverside County Flood Control District; - City of Temecula Fire Bureau; - Planning Department; - Department of Public Works; - Riverside County Health Department; CAN Franchise; - CalTrans; - Parks and Recreation Department; - General Telephone; - Southern California Edison Company; and - Southern California Gas Company 100. If phasing of the map for construction is proposed, legal all-weather access as required by Ordinance 460 shall be provided from the tract map boundary to a paved City maintained road. 101. Pedestrian access with sidewalk shall be provided from the cul-de-sac terminus of Streets "G", "H", "L", 'M', 'N', "R", "S" and "T" through the open space and paseo areas to adjacent streets. S%STAFFPPr124182ALL.COA 90 102. All road easements and/or street dedications shall be offered for dedication to the public and shall continue in force until the City accepts or abandons such offers. All dedications shall be free from all encumbrances as approved by the Department of Public Works. 103. Streets "B", "CO, "D" and OF shall be improved with 50 feet of asphalt concrete pavement with a raised 10-foot wide median, or bonds for the street improvements may be posted, within the dedicated right-of-way in accordance with modified City Standard No. 104, Section A (70'/50'). 104. All remaining interior local streets shall be improved with 40 feet of asphalt concrete pavement, or bonds for the street improvements may be posted, within the dedicated right-of-way in accordance with City Standard No. 104, Section A 160'/40'). 105. Street "A" shall be improved with 44 feet of asphalt concrete pavement, or bonds for the street improvements may be posted, within the dedicated right-of-way in accordance with City Standard No. 103, Section A (66'/44'). 106. Meadows Parkway shall be improved with 38 feet of half street improvement plus one 12-foot lane outside the median, or bonds for the street improvements may be posted, within the dedicated right-of-way in accordance with City Standard No. 101, (100'/76'). 107. In the event that the required access improvements for this development are not constructed by Assessment District No. 159 prior to recordation of the final map, the developer shall construct or bond for all required access improvements per applicable City Standards. All Assessment District No. 159 improvements necessary for access to the development shall be constructed prior to occupancy. The Developer shall enter into a reimbursement agreement with the City of Temecula for construction of all offsite improvements necessary to serve the development as deemed appropriate by the Department of Public Works. 108. Cul-de-sacs and knuckles shall be constructed per the appropriate City Standards and as shown on the approved Tentative Map. 109. Left turn lanes shall be provided at all intersections on Street "A" and Meadows Parkway. 110. The developer shall make a good faith effort to acquire the required off-site property interests, and if he or she should fail to do so, the developer shall, prior to submittal of the final map for recordation, enter into an agreement to complete the improvements pursuant to the Subdivision Map Act, Section 66462 and Section 66462.5. Such agreement shall provide for payment by the developer of all costs incurred by the City to acquire the off-site property interests required in connection with the subdivision. Security of a portion of these costs shall be in the form of a cash deposit in the amount given in an appraisal report obtained by the developer, at the developer's cost. The appraiser shall have been approved by the City prior to commencement of the appraisal. SNSTAFFPPTX24182ALLCOA 91 111. Vehicular access shall be restricted on Street "A' and Meadows Parkway and so noted on the final map with the exception of street intersections as shown on the approved Tentative Map and as approved by the Department of Public Works. 112. A signing and striping plan shall be designed by a registered Civil Engineer and approved by the Department of Public Works for Street "A" and Meadows Parkway and shall be included in the street improvement plans. 113. Prior to designing any of the above plans, contact Transportation Engineering for the design requirements. 114. Bus bays will be provided at all existing and future bus stops as determined by the Department of Public Works. 115. Corner property line cut off shall be required per Riverside County Standard No. 805. 116. Easements for sidewalks for public uses shall be dedicated to the City where sidewalks meander through private property. 117. Easements, when required for roadway slopes, landscape easements, drainage facilities, joint-use driveways, utilities, etc., shall be shown on the final map if they are located within the land division boundary. All offers of dedication and conveyances shall be submitted for review and recorded as directed by the Department of Public Works. On-site drainage facilities located outside of road right-of-way shall be contained within drainage easements and shown on the final map. A note shall be added to the final map stating 'drainage easements shall be kept free of buildings and obstructions." 118. Prior to recordation of the final map, an Environmental Constraints Sheet (ECS) shall be prepared in conjunction with the final map to delineate identified environmental concerns and shall be permanently filed with the office of the City Engineer. A copy of the ECS shall be transmitted to the Planning Department for review and approval. 119. The developer shall comply with all constraints which may be shown upon an Environmental Constraint Sheet recorded with any underlying maps related to the subject property. 120. Prior to recordation of the final map, the developer shall deposit with the Department of Public Works a cash sum as established, per lot, as mitigation towards traffic signal impacts. Should the developer choose to defer the time of payment of traffic signal mitigation fee, he may enter into a written agreement with the City deferring said payment to the time of issuance of a building permit. 121. Prior to recording the final map, the subdivider shall notify the City's CAN Franchises of the Intent to Develop. Conduit shall be installed to CAN Standards at time of street improvements. S%TAFFWr24ie2aU_coA, 92 PRIOR TO BUILDING PERMIT: 122. A precise grading plan shall be submitted to the Department of Public Works for review and approval. The building pad shall be certified by a registered Civil Engineer for location and elevation, and the Soils Engineer shall issue a Final Soils Report addressing compaction and site conditions. 123. Grading of the subject property shall be in accordance with the Uniform Building Code, the approved grading plan, the conditions of the grading permit, City Grading Standards and accepted grading construction practices. The final. grading plan shall be in substantial conformance with the approved rough grading plan. All grading shall also be in conformance with the recommendations of the County Geologist, dated May 15, 1989, for Tentative Tract Map 24186. PRIOR TO ISSUANCE OF CERTIFICATES OF OCCUPANCY: 125. All improvements shall be completed and in place per the approved plans, including but not limited to, curb and gutter, A.C. pavement, sidewalk, drive approaches, drainage facilities, parkway trees and street lights on all interior public streets. 126. All signing and striping shall be installed per the approved signing and striping plan. 127. The subdivider shall provide "stop" controls at the intersection of local streets with arterial streets as directed by the Department of Public Works. 128. All landscaping shall be installed in the corner cut-off area of all intersection and adjacent to driveways to provide for minimum sight distance as directed by the Department of Public Works. S%TAFFRPT24782ALL.CQA 93 129. A 32' wide paved secondary access road for phased development shall be constructed within a recorded private road easement as approved by the Department of Public Works per City of Temecula Standard 106 (60'/32'). 130. Asphaltic emulsion (fog seal) shall be applied only as directed by the Department of Public Works for pavement joins and transition coatings. Asphalt emulsion shall conform to Section Nos. 37, 39, and 94 of the State Standard Specifications. 131. In the event that the required improvements for this development are not completed by Assessment District 159 prior to certification for occupancy, the Developer shall construct all required improvements. The Developer shall also provide an updated traffic analysis as directed by the Department of Public Works to determine the construction timing and the Developer's percent of contribution toward any facilities not completed per the schedules of improvement, tables XV and XVI, for the Rancho Villages Assessment. The Developer shall also enter into a reimbursement agreement with the City of Temecula for the construction of any necessary improvements not completed by Assessment District 159 as determined by the approved traffic analysis. SWTAFFFFM41/2ALL,cQA 94 CITY OF TEMECULA CONDITIONS OF APPROVAL Vesting Tentative Tract Map No: 24188, Amendment No. 3, First Extension of Time Project Description: To Subdivide 127.1 acres into 351 Single Family Residential, 26 Open Space Lots, 1 Elementary School Site and 1 Neighborhood Commercial Lot Assessor's Parcel No.: 955-030-002 955-030-003 955-030-004 955-030-006 955-030-007 Approval Date: Expiration Date: PLANNING DEPARTMENT 1. The tentative subdivision shall comply with the State of California Subdivision Map Act and to all the requirements of Ordinance 460, unless modified by the conditions listed below. A time extension may be approved in accordance with the State Map Act and City Ordinance, upon written request, if made 30 days prior to the expiration date. 2. Any delinquent property taxes shall be paid prior to recordation of the final map. 3. Subdivision Phasing shall be subject to Planning Department approval. 4. Prior to recordation of the final map, an Environmental Constraints Sheet (ECS) shall be prepared in conjunction with the final map to delineate identified environmental concerns and shall be permanently filed with the office of the City Engineer. A copy of the ECS shall be transmitted to the Planning Department for review and approval. The approved ECS shall be forwarded with copies of the recorded final map to the Planning Department and the Department of Building and Safety. The following notes shall be placed on the ECS: A. "This property is located within thirty (30) miles of Mount Palomar Observatory. All proposed outdoor lighting systems shall comply with the California Institute of Technology, Palomar Observatory Outdoor Lighting Policy." B. "EIR No. 235 and an Addendum to this EIR was prepared for this project and is on file at the City of Temecula Planning Department." S%STAFFFFr124192Au_fxtA 95 5. Prior to issuance of GRADING PERMITS the following Conditions shall be satisfied: A. If the project is to be phased, prior to the approval of grading permits, an overall conceptual grading plan shall be submitted to the Planning Director for approval. The plan shall be used as a guideline for subsequent detailed grading plans for individual phases of development and shall include the following: (1) Techniques which will be utilized to prevent erosion and sedimentation during and after the grading process. (2) Approximate time frames for grading and identification of areas which may be graded during the higher probability rain months of January through March. (3) Preliminary pad and roadway elevations. (4) Areas of temporary grading outside of a particular phase. B. The developer shall provide evidence to the Director of Building and Safety that all adjacent off-site manufactured slopes have recorded slope easements and that slope maintenance responsibilities have been assigned as approved by the . Director of Building and Safety. C. The applicant shall comply with the provisions of Ordinance No. 663 by paying the appropriate fee set forth in that ordinance. Should Ordinance No. 663 be superseded by the provisions of a Habitat Conservation Plan prior to the payment of the fee required by Ordinance No. 663, the applicant shall pay the fee required by the Habitat Conservation Plan as implemented by County ordinance or resolution. 6. Prior to the issuance of BUILDING PERMITS the following conditions shall be satisfied: A. No building permits shall be issued by the City for any residential lot/unit within the project boundary until the developer or its successor's-in-interest provides evidence of compliance with public facility financing measures. A cash sum of one-hundred dollars (9100) per lot/unit shall be deposited with the City as mitigation for public library development. B. With the submittal of building plans to the Department of Building and Safety a copy of the acoustical study prepared by Wilber Smith Associates dated September 22, 1992 and subsequent study dated October 3, 1992 shall be submitted to ensure the implementation of the study to reduce ambient interior noise levels to 45 Ldn and exterior noise levels to 65 Ldn. C. Roof-mounted mechanical equipment shall not be permitted within the residential portion of the subdivision, however solar equipment or any other energy saving devices shall be permitted with Planning Department approval. Roof-mounted equipment may be allowed for commercial structures if they are architecturally screened from view from the adjoining streets and properties. S%STAFFRPr124162ALLCOA 96 7. The subdivider shall defend, indemnify, and hold harmless the City of Temecula, its agents, officer, and employees from any claim, action, or proceeding against the City of Temecula or its agents, officer, or employees to attach, set aside, void, or annul an approval of the City of Temecula, its advisory agencies, appeal boards or legislative body concerning Vesting Tentative Tract Map No. 24188, Amendment No. 3, which action is brought within the time period provided for in California Government Code Section 66499.37. The City of Temecula will promptly notify the subdivider of any such claim, action, or proceeding against the City of Temecula and will cooperate fully in the defense. If the City fails to promptly notify the subdivider of any such claim, action, or proceeding or fails to cooperate fully in the defense, the subdivider shall not, thereafter, be responsible to defend, indemnify, or hold harmless the City of Temecula. The Covenants, Conditions and Restrictions (CC&R's) shall be reviewed and approved by the Planning Department prior to final map recordation of the tract maps. The CC&R's shall include liability insurance and methods of maintaining the open space, recreation areas, parking areas, private roads, exterior of all buildings and parkways. (Amended by Planning Commission on November 16, 1992). 9. No lot or dwelling unit in the development shall be sold unless a corporation, association, property owner's group, or similar entity has been formed with the right to assess all properties individually owned or jointly owned which have any rights or interest in the use of the common areas and common facilities in the development, such assessment power to be sufficient to meet the expenses of such entity, and with authority to control, and the duty to maintain, all of said mutually available features of the development. Such entity shall operate under recorded CC&R's which shall include compulsory membership of all owners of lots and/or dwelling units and flexibility of assessments to meet changing costs of maintenance, repairs, and services. Recorded CC&R's shall permit enforcement by the City of Provisions required by the City as Conditions of Approval. The developer shall submit evidence of compliance with this requirement to, and receive approval of, the City prior to making any such sale. This condition shall not apply to land dedicated to the City for public purposes. 10. #eF in the GG& (Amended by Planning Commission on November 16, 1992). 11. Every owner of a dwelling unit or lot shall own as an appurtenance to such dwelling unit or lot, either (1) an undivided interest in the common areas and facilities, or (2) as share in the corporation, or voting membership in an association, owning the common areas and facilities. 12. Within forty-eight (48) hours of the approval of this project, the applicant/developer shall deliver to the Planning Department a cashiers check or money order payable to the County Clerk in the amount of Eight Hundred, Seventy-Five Dollars (8875.00) which includes the Eight Hundred, Fifty Dollar (8850.00) fee, in compliance with AB 3158, required by Fish and Game Code Section 711.4(d)(3) plus the Twenty-Five Dollar (825.00) County administrative fee, to enable the City to file the Notice of Determination required under Public Resources Code Section 21152 and 14 Cal. Code of Regulations 15094. If within such forty-eight (48) hour period the applicant/developer has not delivered to the Planning Department the check required SMTAFFiwr~241e2AU.eoA 97 above, the approval for the project granted herein shall be void by reason of failure of condition, Fish and Game Code Section 711.4(c). 13. A Neighborhood Entry Statement shall be constructed per Figure 37 of Specific Plan No. 219, Amendment No. 3 for Streets D, B, E, M, N, W and BB. 14. An Equestrian trail shall be constructed per Figure 24 of Specific Plan No. 219, Amendment No. 3 for south side of Pauba Road. 15. Bicycle trails shall be constructed per Figure 6 of Specific Plan No. 219, Amendment No. 3 along Meadows Parkway, Class I and Streets A, AA, K and Pauba Road, Class II. 16. Major Community Entry Statements shall be constructed per Figures 32 and 33 of Specific Plan No. 219, Amendment No. 3 for lot 357. 17. Minor Project Entry Statements shall be constructed per Figures 35 and 36 of Specific Plan No. 219, Amendment No. 3 for lots 364, 365, 378 and 354. 18. A Minor Community Entry Statement shall be constructed per Figure 32 of Specific Plan No. 219, Amendment No. 3 for lot 360. 19. A Project Intersection Entry Statement shall be constructed per Figure 38 of Specific Plan No. 219, Amendment No. 3 for lots 380 and 369. 20. A Slope Transition Area shall be constructed per Figure 13B of Specific Plan No. 219, Amendment No. 3 for the westerly property line of lot 362 and the northerly and westerly property lines of lot 367. 21. A Landscaped Transition Area shall be constructed per Figure 13C of Specific Plan No. 219, Amendment No. 3 for the southerly boundary of lot 362. 22. A Community Paseo shall be constructed per Figure 30 of Specific Plan No. 219, Amendment No. 3 for lot 374. 23. A Paseo Entry Statement shall be constructed per Figure 39 of Specific Plan No. 219, Amendment No. 3 for both ends of lot 374. 24. Roadway landscape treatment shall be constructed per Figure 23C of Specific Plan No. 219, Amendment No. 3 for Butterfield Stage Road. 25. Roadway landscape treatment shall be constructed per Figure 27 of Specific Plan No. 219, Amendment No. 3 for Street AA. 26. Roadway landscape treatment shall be constructed per Figure 27 of Specific Plan No. 219, Amendment No. 3 for Street A. 27. Roadway landscape treatment shall be constructed per Figure 27 of Specific Plan No. 219, Amendment No. 3 for southerly side of Street K. S%STAFFf Vru4192AU.COA 98 28. Roadway landscape treatment shall be constructed per Figure 28 of Specific Plan No. 219, Amendment No. 3 for northerly side of Street K except as noted on the map. 29. Roadway landscape treatment shall be constructed per Figure 23B of Specific Plan No. 219, Amendment No. 3 for Meadows Parkway. 30. Roadway landscape treatment shall be constructed per Figure 24 of Specific Plan No. 219, Amendment No. 3 for Pauba Road. 31. The Landscape Development Zone (LDZ) along Major Community Street Scenes including Meadows Parkway, Pauba Road and Butterfield Stage Road shall use Deciduous Accent Grove Trees, Evergreen Background Grove Trees and Informal Street Tree Groupings identified on the plant palette per Section IV.C.1.b.2.a., b. and c. of Specific Plan No. 219, Amendment No. 3. 32. The LDZs along the project street scenes Streets A, AA and K shall use the plant palette per Section IV.C.1.c.1. of Specific Plan No. 219, Amendment No. 3. 33. The landscaping for lot 357 and 360 shall use the accent trees on the plant palette in Section W.C.1.d.1. and 2. of the Specific Plan No. 219, Amendment No. 3. 34. Greenbelt Paseo Trees as identified in Section IV.C.1.d.4.a. and b. of Specific Plan No. 219, Amendment No. 3 shall be used for lot 374. 35. The plant palette for Evergreen Background Grove Trees per Section IV.C.1.d.4.a of Specific Plan No. 219, Amendment No. 3 and the plant palette for Deciduous Accent Grove Trees per Section Iv.C.1.b.2.a. shall be used for the landscape buffer zones in lots 362 and 367. 36. Community Theme Solid Walls or Community Theme Tubular Steel Open Fence or a combination of the two shall be constructed per Figure 40 of Specific Plan No. 219, Amendment No. 3; the finish and color of these walls shall be consistent with Section IV.C.2.b.2.e. of Specific Plan No. 219, Amendment No. 3. These walls shall be constructed along Butterfield Stage Road, Pauba Road and Meadows Parkway. 37. Project Masonry Walls and Project View Walls shall be constructed per Figure 41 of Specific Plan No. 219, Amendment No. 3; these walls shall be constructed along Streets A, K, AA, D, B (between Street A and Street C, if it does not interfere with access to any lots), E (between Street K and Street J, if it does not interfere access to any lots), M, N and W (between Street A and Street Z, if it does not interfere with access to any lots) and BB. 38. An Equestrian rail fence shall be constructed per Figure 41 of Specific Plan No. 219, Amendment No. 3 along the south side of Pauba Road. 39. The commercial use landscape requirements shall be consistent with Section IV.C.3.b.1., 2. and 3. of Specific Plan No. 219, Amendment No. 3. 40. The Medium Density Residential landscape requirements shall be consistent with Section IV.C.3.d.1. through 7, of Specific Plan No. 219, Amendment No. 3. S1.4TAFFPPT%24187ALL.CQA 99 41. The accent trees identified in Section W.C.143. Of Specific Plan No. 219, Amendment No. 3 shall be used for the landscaping for Streets AA, K, BE, W, N, M, A, E, B and D. 42. A 25 to 40 foot minimum building setback, as determined in the Plot Plan stage, shall be allowed along the southern and western property lines of lot 362, a minimum of 20 feet of landscaping shall be required within this setback. 43. The plant material palette identified in Section W.C.I.Q. of Specific Plan No. 219, Amendment No. 3 may be used in conjunction with all other specified plant palettes. 44. The seed mix for Turf Grass identified in Section IV.C.1.e of Specific Plan No. 219, Amendment No. 3 shall be used throughout the project. Comparable sod may be used instead of the seed mix. 46. A performance bond and a one year maintenance bond shall be required for all landscaping installed except for landscaping within individual lots. The amount of this landscaping shall be subject to the approval of the Planning Department. This bond shall be secured after completion of said landscaping and prior to release of the dwelling units tied to the timing of the landscaped area. (Amended by Planning Commission on November 16, 1992). 47. Erosion control planting shall commence as soon as slopes are completed on any portion of the site during and after the grading operations. A performance bond shall be secured with the Planning Department prior to issuance of any grading permits to insure the installation of this landscaping. Cut slopes equal to or greater than five (5) feet in vertical height and fill slopes equal to or greater than three (3) feet in vertical height shall be planted with a ground cover to protect the slope from erosion and instability. Slopes exceeding fifteen (15) feet in vertical height shall be planted with shrubs, spaces not more than ten (10) feet on center or trees spaced not to exceed twenty (20) feet on center or a combination of shrubs and trees at equivalent spacings, in addition to the ground cover. Other standards of erosion control shall be consistent with Ordinance No. 457.57. (Amended by Planning Commission on November 16, 1992). 48. Irrigation for the project site shall be consistent with Section IV.C.1.j. of Specific Plan No. 219, Amendment No. 3. 49. Community Theme Walls may be substituted for Project Theme Walls at the developers discretion. SWAFFMV4192ALLCO A 1 00 50. Wood fencing shall only be allowed along the side yards and the rear yards of single family dwellings. Project Theme Walls shall be used along the side yards facing the street for corner lots. 51. The residential lot street tree requirements and front yard requirements shall be consistent with Section IV.C.3.a.1.,2., and 3. of Specific Plan No. 219, Amendment No. 3. 52. All lighting within the project shall be consistent with Section IV.C.5 of Specific Plan No. 219, Amendment No. 3. 53. All future development on this site will require further review and approval by the City of Temecula. These developments shall be consistent with the Purpose and Intent of the Architecture and Landscape Guidelines set forth in the Design Guidelines of Specific Plan No. 219, Amendment No. 3 (Section IV). 54. All future development within this project shall comply with applicable Zoning Ordinance Standards adopted for Specific Plan No. 219, Amendment No. 3. 55. The amenities and standards identified in Section III.A.7.a. and b. of Specific Plan No. 219, Amendment No. 3 for parks, recreation areas, activity nodes, private active participation opportunities, open space, greenbelt paseos and parkway paseos shall be used for developing these areas or as modified by the Planning Application No. 92- 0013 (Development Agreement). 56. Maintenance and timing for completion of all open space areas shall be as identified in Planning Application No. 92-0013 (Development Agreement) or shall be consistent with Specific Plan No. 219, Amendment No. 3, if the Development Agreement is null and void. 57. A Mitigation Monitoring Program shall be submitted and approved by the Planning Department prior to recordation of the Final Map. 58. A conceptual landscape plan shall be submitted to the Planning Department prior to recordation of the Final Map for review and approval. The following needs to be included in these plans: A. Typical front yard landscaping for interior, corner and cul-de-sac lots. B. ' Typical slope landscaping. C. Private and public park improvements and landscaping. D. All open space area landscaping including, private and public common areas, private recreational areas, peseos, equestrian trails, monuments and Landscape Development Zones. E. All landscape plans shall identify the number and size of all plants, the type of irrigation to be used, all hardscaping, fences and walls. SXSTARWTW41 NAU-COA 101 F. The timing for installation of all landscaping walls and trails shall be identified prior to approval of these plans. G. The responsibility for installation of all landscaping and walls shall be identified. H. All private open space areas that will not be dedicated to the City as identified in the Development Agreement shall be developed as an integrated part of the open space lot that they are a part of and shall be consistent with the provisions of the Specific Plan. Fifty (50) percent of all trees planted within the project shall be a minimum of twenty four (24) inch box. The landscape plans proposed for each phase shall incorporate the fifty (50) percent mix of twenty four (24) inch box trees into the design. J. A note shall be placed on the conceptual landscape plans that all trees shall be double staked and automatic irrigation shall be installed for all landscaping. These provisions shall be incorporated into the construction plans. K. A note shall be added to all conceptual landscape plans that all utility service areas and enclosures shall be screened from view with landscaping. This equipment shall be identified on the construction landscape plans and shall be screened as specified on this condition. L. The plant heights at sensitive locations for traffic safety shall be subject to the approval of the Public Works Department. M. The timing for submittal and approval of the construction landscape plans shall be identified for all improvements within this condition. 59. The development of this project and all subsequent developments within this project shall be consistent with Specific Plan No. 219, Amendment No. 3 and Planning Application No. 92-0013 (Development Agreement) or any subsequent amendments. 60. If the Gnatcatcher is listed as an endangered species, proper studies and mitigation measures shall be necessary prior to issuance of grading permits. These studies and mitigation measures shall be acceptable to Fish and Game and/or Fish and Wildlife. 61. Double-pane window treatment shall be required for second floor elevation windows in any two-story homes constructed on the lots identified in the Acoustical Study prepared by Wilber Smith Associates dated September 22, 1992 and its supplement dated October 3, 1992. 62. All Parcels in Planning Areas 25 and 26 that abut a portion of Butterfield Stage Road that are designed with a Landscape Development Zone (LDZ) of less than 32 feet shall be developed with single story single family dwellings. 63. A sign program shall be submitted and approved by the Planning Department prior to issuance of building permits for lot 362. S18TAFFlpT124182ALL.C0A 102 OTHER AGENCIES 64. The applicant shall comply with the environmental health recommendations outlined in the County Health Department's transmittal dated October 6, 1992, a copy of which is attached. 65. The applicant shall comply with the flood control recommendations outlined in the Riverside County Flood Control District's letter dated October 22, 1992, a copy of which is attached. If the project lies within an adopted flood control drainage area pursuant to Section 10.25 of City of Temecula Land Division Ordinance 460, appropriate fees for the construction of area drainage facilities shall be collected by the City prior to issuance of Occupancy Permits. 66. The applicant shall comply with the fire improvement recommendations outlined in the County Fire Department's letter dated October 15, 1992, a copy of which is attached. 67. The applicant shall comply with the recommendations outlined in the Department of Transportation transmittal dated January 23, 1992, a copy of which is attached. 68. The applicant shall comply with the recommendations outlined in the Rancho Water District transmittal date January 21, 1992, a copy of which is attached. 69. The applicant shall comply with the recommendations outlined in the Riverside Transit Agency transmittal dated January 21, 1992, a copy of which is attached. 70. The applicant shall comply with the recommendation outlined in the Temecula Valley Unified School District transmittal dated May 7, 1992, a copy of which is attached. BUILDING AND SAFETY DEPARTMENT 71. All proposed construction shall comply with the California Institute of Technology, Palomar Observatory Outdoor Lighting Policy. COMMUNITY SERVICES DEPARTMENT The following items are the City of Temecula, Community Services Department (TCSD) Conditions of Approval for this project and shall be completed at no cost to any Government Agency. The conditions shall be complied with as set forth below, or as modified by separate Development Agreement. All questions regarding the true meaning of the Conditions shall be referred to the Development Service Division of TCSD. Prior to Recordation of Final Maols) 72. Proposed community park sites of less than three (3) acres are to be maintained by an established Home Owners Association (HOA), until offered and accepted by the TCSD for maintenance purposes. (Amended by Planning Commission on November 16, 1992). S%STAFFRPTU41e2AU.coA 103 73. flreeese. (Amended by Planning Commission on November 16, 1992). 74. All proposed slopes, open space, and park land intended for dedication to the TCSD for maintenance purposes shall be identified on the final map by numbered lots and indexed to identify said lot numbers as a proposed TCSD maintenance area. 75. Exterior slopes (as defined as: those slopes contiguous to public streets that have a width of 66' or wider), shall be offered for dedication to the TCSD for maintenance purposes following compliance to existing City standards and completion of an application process. All other slopes shall be maintained by an established Home Owners Association (HOA). 76. Proposed open space areas shall be maintained by an established Home Owners Association (HOA). Open space areas of three (3) acres or greater am# may be offered for dedication to the TCSD for maintenance purposes and possible further recreational development, following compliance to existing City standards and completion of an application process. (Amended by Planning Commission on November 16, 1992). 77. Prior to recordation of final map, the applicant or his assignee, shall offer for dedication parkland as identified in the Development Agreement. 78. All necessary documents to convey to the TCSD any required easements for parkway and/or slope maintenance as specified on the tentative map or in these Conditions of Approval shall be submitted by the developer or his assignee prior to the recordation of final map. 79. Landscape conceptual drawings for project areas (project areas may consist of slopes, streetscape, medians, turf areas, recreational trails, parks, and etc. that are to be maintained by the TCSD) identified as TCSD maintenance areas shall be reviewed and approved by TCSD staff prior to recordation of final map. 80. All areas identified for inclusion into the TCSD shall be reviewed by TCSD staff. Failure to submit said areas for staff review prior to recordation of final map wil( may preclude their inclusion into the TCSD. (Amended by Planning Commission on November 16, 1992). 81. dOV81O___ _kell _ datien a"inal mwe•-Awg*n Inndnnn s A (Amended by Planning Commission on November 16, 1992). S%STAFFWTl24mAu_coA 104 Prior to Issuance of Certificate of O c ncvlal 82. It shall be the developer's, the developer's successors or assignee responsibility to disclose the existence of the TCSD, its zones and zone fees to all prospective purchasers at the same time they are given the parcel's Final Public Report. Said disclosure shall be made in a form acceptable to the TCSD. Proof of such disclosure, by means of a signed receipt for same, shall be retained by the developer or his successors/assignee and made available to TCSD staff for their inspection in the same manner as set forth in Section 2795.1 of the Regulations Of The Real Estate Commissioner. Failure to comply shall preclude acceptance of proposed areas into TCSD. 83. Prior to issuance of any certificates of occupancy, the developer or his assignee shall submit, in a format as directed by TCSD staff, the most current list of Assessor's Parcel Numbers assigned to the final project. General 84. All landscape plans submitted for consideration shall be in conformance with CITY OF TEMECULA LANDSCAPE DEVELOPMENT PLAN GUIDELINES AND SPECIFICATIONS. 85. The developer, the developer's successors or assignee, shall be responsible for all landscaping maintenance until such time as maintenance duties are accepted by the TCSD. PUBLIC WORKS DEPARTMENT The following are the Department of Public Works Conditions of Approval for this project, and shall be completed at no cost to any Government Agency. All previous conditions of approval shall remain in force except as superseded or amended by the following requirements. All questions regarding the true meaning of the conditions shall be referred to the appropriate staff person of the Department of Public Works. It is understood that the Developer correctly shows on the tentative map -or site plan all existing and proposed easements, traveled ways, improvement constraints and drainage courses, and their omission may require the project to be resubmitted for further review and revision. GENERAL REQUIREMENTS 86. A Grading Permit for either rough or precise (including all onsite flat work and improvements) construction shall be obtained from the Department of Public Works prior to commencement of any construction outside of the City-maintained road right- of-way. S%TArrnrT%2418ZALLC0A 105 87. An Encroachment Permit shall be obtained from the Department of Public Works prior to commencement of any construction within an existing or proposed City right-of-way. 88. A copy of the grading and improvement plans, along with supporting hydrologic and hydraulic calculations shall be submitted to the Riverside County Flood Control District for approval prior to recordation of the final map or the issuance of any permits. 89. All improvement plans, grading plans, landscape and irrigation plans shall be coordinated for consistency with adjacent projects and existing improvements contiguous to the site, 90. Pursuant to Section 66493 of the Subdivision Map Act, any subdivision which is part of an existing Assessment District must comply with the requirements of said section. PRIOR TO ISSUANCE OF GRADING PERMITS: 91. The final grading plan shall be prepared by a Registered Civil Engineer and shall be reviewed and approved by the Department of Public Works. 92. All lot drainage shall be directed to the driveway by side yard drainage swales independent of any other lot, or other devices as otherwise approved by the Department of Public Works. (Amended by Planning Commission on November 16, 1992). 93. Prior to issuance of a grading permit, developer must comply with the requirements of the National Pollutant Discharge Elimination System (NPDES) permit from the State Water Resources Control Board. No grading shall be permitted until an NPDES Notice of Intent has been filed or the project is shown to be exempt. 94. Prior to the issuance of a grading permit, the developer shall receive written clearance from the following agencies: • San Diego Regional Water Quality; • Riverside County Flood Control District; • Planning Department; • Department of Public Works: • General Telephone; • Southern California Edison Company; and • Southern California Gas Company. 95. A Soils Report shall be prepared by a registered soils engineer and submitted to the Department of Public Works with the initial grading plan check. The report shall address all soils conditions of the site, and provide recommendations for the construction of engineered structures and pavement sections. 96. An erosion control plan shall be prepared by a registered civil engineer and submitted to the Department of Public Works for review and approval. 5%STAFFWr%241S2ALLC0A 106 97. Graded but undeveloped land shall be maintained in a weedfree condition and shall be either planted with interim landscaping or provided with other erosion control measures as approved by the Department of Public Works. 98. A flood mitigation charge shall be paid. The charge shall equal the prevailing Area Drainage Plan fee rate multiplied by the area of new development. The charge is payable to the Flood Control District prior to issuance of permits. If the full Area Drainage Plan fee or mitigation charge has been already credited to this property, no new charge needs to be paid. 99. The developer shall obtain any necessary letters of approval or easements for any offsite work performed on adjacent properties as directed by the Department of Public Works. 100. A drainage study shall be submitted to the Department of Public Works for review and approval. The drainage study shall include, but not be limited to, the following criteria: Drainage and flood protection facilities which will protect all structures by diverting site runoff to streets or approved storm drain facilities as directed by the Department of Public Works. b. Identify and mitigate impacts of grading to any onsite and offsite drainage courses. C. The location of existing and post development 100-year floodplain and floodway shall be shown on the improvement plan. 101. The subdivider shall accept and properly dispose of all off-site drainage flowing onto or through the site. In the event the Department of Public Works permits the use of streets for drainage purposes, the provisions of Section XI of Ordinance No. 460 will apply. Should the quantities exceed the street capacity, or use of streets be prohibited for drainage purposes, the subdivider shall provide adequate facilities as approved by the Department of Public Works. 102. The subdivider shall protect downstream properties from damages caused by alteration of the drainage patterns; i.e., concentration or diversion of flow. Protection shall be provided by constructing adequate drainage facilities, including enlarging existing facilities or by securing a drainage easement. 103. A drainage easement shall be obtained from the affected property owners for the release of concentrated or diverted storm flows onto the adjacent property. A copy of the drainage easement shall be submitted to the Department of Public Works for review prior to recordation. The location of the recorded easement shall be delineated on the grading plan. 104. An Encroachment Permit shall be required from Caltrans for any work within their right- of-way. 105. A permit from Riverside County Flood Control District is required for work within their right-of-way. S%STACFnvrU4192ALLCOA 107 PRIOR TO THE ISSUANCE OF ENCROACHMENT PERMITS: 106. All necessary grading permit requirements shall have been submitted /accomplished to the satisfaction of the Department of Public Works. 107. Improvement plans, including but not limited to, streets, parkway trees, street lights, driveways, drive aisles, parking lot lighting, drainage facilities and paving shall be prepared by a Registered Civil Engineer on 24' x 36' mylar sheets and approved by the Department of Public Works. Final plans (and profiles on streets) shall show the location of existing utility facilities and easements as directed by the Department of Public Works. 108. The following criteria shall be observed in the design of the improvement plans to be submitted to the Department of Public Works: A. Flowline grades shall be 0.5% minimum over P.C.C. and 1.00% minimum over A.C. paving. B. Driveways shall conform to the applicable City of Temecula standards 207/207A and 401 (curb and sidewalk). C. Street lights shall be installed along the public streets adjoining the site in accordance with Ordinance 461 and shall be shown on the improvement plans as directed by the Department of Public Works. D. Concrete sidewalks shall be constructed along public street frontages in accordance with City standard 400 and 401. E. Improvement plans shall extend 300 feet beyond the project boundaries or as otherwise approved by the Department of Public Works. F. Minimum centerline radii shall be in accordance with City standard 113 or as otherwise approved by the Department of Public Works. G. All reverse curves shall include a 100 foot minimum. tangent section or as otherwise approved by the Department of Public Works. H. All street and driveway centerline intersections shall be at 90 degrees or as approved by the Department of Public Works. 1. Landscaping shall be limited in the corner cut-off area of all intersections and adjacent to driveways to provide for minimum sight distance and visibility. J. All concentrated drainage directed towards the public street from the commercial site shall be conveyed through undersidewalk drains. 109. The minimum centerline grade for streets shall be 0.50 percent or as otherwise approved by the Department of Public Works. SWTAFFRPTU4182AU-COA 1 08 110. Improvement plans per City Standards for the private streets or drives within the commercial site shall be required for review and approval by the Department of Public Works. 111. All driveways shall conform to the applicable City of Temecula standards and shall be shown on the street improvement plans in accordance with City Standard 207 and 208. 112. All driveways shall be located a minimum of two (2) feet. from the side property line. 113. All utility systems including gas, electric, telephone, water, sewer, and cable TV shall be provided for underground, with easements provided as required, and designed and constructed in accordance with City Codes and the utility provider. Telephone, cable TV, and/or security systems shall be pre-wired in the residence. 114. All utilities, except electrical lines rated 33kv or greater, shall be installed underground. 115. A construction area traffic control plan shall be designed by a registered Civil Engineer and approved by the City Engineer for any street closure and detour or other disruption to traffic.circulation as required by the Department of Public Works. PRIOR TO RECORDATION OF FINAL MAP: 116. The developer shall construct or post security and enter into an agreement guaranteeing the construction of the following public improvements in conformance with applicable City Standards and subject to approval by the Department of Public Works. A. Street improvements, which may include, but are not limited to: pavement, curb and gutter, sidewalks, drive approaches, street lights, signing, traffic signals and other traffic control devices as appropriate. B. Storm drain facilities C. Landscaping (slopes and parkways). D. Erosion control and slope protection. E. Sewer and domestic water systems. F. All trails, as required by the City's Master Plans. G. Undergrounding of proposed utility distribution lines. 117. As deemed necessary by the Department of Public Works, the developer shall receive written clearance from the following agencies: Rancho California Water District; Eastern Municipal Water District; Riverside County Flood Control District; S%STAFFNPrU4152ALLC0A 109 City of Temecula Fire Bureau; Planning Department; Department of Public Works; Riverside County Health Department; CAN Franchise; CalTrans; Parks and Recreation Department; General Telephone; Southern California Edison Company; and Southern California Gas Company 118. If phasing of the map for construction is proposed, legal all-weather access as required by Ordinance 460 shall be provided from the tract map boundary to a paved City maintained road. 119. Pedestrian access with sidewalk shall be provided from the cul-de-sac terminus of Streets "F% "O", "R", "S" 'U''W', *X" and "Z" through the open space and paseo areas to adjacent streets. 120. All road easements and/or street dedications shall be offered for dedication to the public and shall continue in force until the City accepts or abandons such offers. All dedications shall be free from all encumbrances as approved by the Department of Public Works. 121. Streets "B" up to Street "C", 'D", "E" between Streets "J" and "K", "M", "N", "W" up to Street "Z", "AA" and "BB' shall be improved with 50 feet of asphalt concrete pavement with a raised 104 oot wide median, or bonds for the street improvements may be posted, within the dedicated right-of-way in accordance with modified City Standard No. 104, Section A (70'/50'). 122. All remaining interior local streets shall be improved with 40 feet of asphalt concrete pavement, or bonds for the street improvements may be posted, within the dedicated right-of-way in accordance with City Standard No. 104, Section A (60'/40'). 123. Street "A", "K", "L" and "AA" shall be improved with 44 feet of asphalt concrete pavement, or bonds for the street improvements may be posted, within the dedicated right-of-way in accordance with City Standard No. 103, Section A (667441. 124. Pauba Road Shall be improved with 32 feet of half street improvement plus one 12- foot lane, or bonds for the street improvements may be posted, within an 88-foot dedicated right-of-way in accordance with City Standard No. 102, (88'/64'). 125. Meadows Parkway shall be improved with 38 feet of half street improvement plus one 12-foot lane outside the median, or bonds for the street improvements maybe posted, within the dedicated right-of-way in accordance with City Standard No. 101, (100'176'). SISTAFFFPM4182AlLCOA 110 126. Butterfield Stage Road shall be improved with 43 feet of half street improvement with a raised median, plus one 12-foot lane outside the median turn lane, or bonds for the street improvements may be posted, within the dedicated right-of-way in accordance with City Standard No. 100, (110'/86'). 127. In the event that the required access improvements for this development are not constructed by Assessment District No. 159 prior to recordation of the final map, the developer shall construct or bond for all required access improvements per applicable City Standards. All Assessment District No. 159 improvements necessary for access to the development shall be constructed prior to occupancy. The Developer shall enter into a reimbursement agreement with the City of Temecula for construction of all offsite improvements necessary to serve the development as deemed appropriate by the Department of Public Works. 128. Cul-de-sacs and knuckles shall be constructed per the appropriate City Standards and as shown on the approved Tentative Map. 129. Left turn lanes shall be provided at all intersections on Street "A", Street "K', Pauba Road, Butterfield Stage Road and Meadows Parkway as directed by the Department of Public Works. 130. The developer shall make a good faith effort to acquire the required off-site property interests, and if he or she should fail to do so, the developer shall, prior to submittal of the final map for recordation, enter into an agreement to complete the improvements pursuant to the Subdivision Map Act, Section 66462 and Section 66462.5. Such agreement shall provide for payment by the developer of all costs incurred by the City to acquire the off-site property interests required in connection with the subdivision. Security of a portion of these costs shall be in the form of a cash deposit in the amount given in an appraisal report obtained by the developer, at the developer's cost. The appraiser shall have been approved by the City prior to commencement of the appraisal. 131. Vehicular access shall be restricted on Street "A", Street "K", Street "AA", Butterfield Stage Road, Pauba Road and Meadows Parkway and so noted on the final map with the exception of street intersections, across the elementary school site frontage and two entry points for the commercial site as shown on the approved Tentative Map and as approved by the Department of Public Works. 132. A signing and striping plan shall be designed by a registered Civil Engineer and approved by the Department of Public Works for Street "A", 'K", "L', "AA", Butterfield Stage Road, Pauba Road and Meadows Parkway and shall be included in the street improvement plans. 133. Plans for a traffic signal shall be designed by a registered Civil Engineer and approved by the Department of Public Works for the intersection of Butterfield Stage Road at Street "K" and shall be included in the street improvement plans with the second plan check submittal. SWAFiNpr1441WALL COA 111 134. Traffic signal interconnection shall be designed by a registered Civil Engineer to show 1-1/2" rigid conduit with pull rope, and #3 pull boxes on 200-foot centers along the property fronting Butterfield Stage Road. This design shall be shown on the street improvement plans and must be approved by the Department of Public Works. 135. Prior to designing any of the above plans, contact Transportation Engineering for the design requirements. 136. Bus bays will be provided at all existing and future bus.stops as determined by the Department of Public Works. 137. Corner property line cut off shall be required per Riverside County Standard No. 805. 138. Easements for sidewalks for public uses shall be dedicated to the City where sidewalks meander through private property. 139. Easements, when required for roadway slopes, landscape easements, drainage facilities, joint-use driveways, utilities, etc., shall be shown on the final map if they are located within the land division boundary. All offers of dedication and conveyances shall be submitted for review and recorded as directed by the Department of Public Works. On-site drainage facilities located outside of road right-of-way shall be contained within drainage easements and shown on the final map. A note shall be added to the final map stating "drainage easements shall be kept free of buildings and obstructions." 140. Prior to recordation of the final map, an Environmental Constraints Sheet IECS1 shall be prepared in conjunction with the final map to delineate identified environmental concerns and shall be permanently filed with the office of the City Engineer. A copy of the ECS shall be transmitted to the Planning Department for review and approval. 141. The developer shall comply with all constraints which may be shown upon an Environmental Constraint Sheet recorded with any underlying maps related to the subject property. 142. Prior to recordation of the final map, the developer shall deposit with the Department of Public Works a cash sum as established, per lot, as mitigation towards traffic signal impacts. Should the developer choose to defer the time of payment of traffic signal mitigation fee, he may enter into a written agreement with the City deferring said payment to the time of issuance of a building permit. 143. Prior to recording the final map, the subdivider shall notify the City's CATV Franchises of the intent to Develop. Conduit shall be installed to CATV Standards at time of street improvements. PRIOR TO BUILDING PERMIT: 144. A precise grading plan shall be submitted to the Department of. Public Works for review and approval. The building pad shall be certified by a registered Civil Engineer for location and elevation, and the Soils Engineer shall issue a Final Soils Report addressing compaction and site conditions. SNSTAFFWTX247 SZ4LL.COA 112 145. Grading of the subject property shall be in accordance with the Uniform Building Code, the approved grading plan, the conditions of the grading permit, City Grading Standards and accepted grading construction practices. The final grading plan shall be in substantial conformance with the approved rough grading plan. All grading shall also be in conformance with the recommendations of the County Geologist, dated May 15, 1989. 146. -_*0_8_'8"'8Fat*8A #OF the PF8j86lv The fee to he paid shalt Bffftt at the NFRO 8# POYMORt 0# the too. it OR *M80FR OF f! publie feeility mitiqatien f88 eF &108t 1489 Rat 11386A #NAG"y established by the date eR ef the heRd shall be $2.00 POF SqU6Fe #90% R61 ve emeeed $10,000. Develew (Amended by Planning Commission on November 16, 1992). PRIOR TO ISSUANCE OF CERTIFICATES OF OCCUPANCY: 147. All improvements shall be completed and in place per the approved plans, including but not limited to, curb and gutter, A.C. pavement, sidewalk, drive approaches, drainage facilities, parkway trees and street lights on all interior public streets. 148. All signing and striping shall be installed per the approved signing and striping plan. 149. All traffic signals shall be installed and operational per the special provisions and the approved traffic signal plan. 150. All traffic signal interconnection shall be installed per the approved plan. 151. The subdivider shall provide "stop" controls at the intersection of local streets with arterial streets as directed by the Department of Public Works. 152. All landscaping shall be installed in the corner cut-off area of all intersection and adjacent to driveways to provide for minimum sight distance as directed by the Department of Public Works. 153. A 32' wide paved secondary access road for phased development shall be constructed within a recorded private road easement as approved by the Department of Public Works per City of Temecula Standard 106 (60'/32'). S45TAFFFWV24182ALLcaA 113 154. Asphaltic emulsion (fog seal) shall be applied only as directed by the Department of Public Works for pavement joins and transition coatings. Asphalt emulsion shall conform to Section Nos. 37, 39, and 94 of the State Standard Specifications. 155. In the event that the required improvements for this development are not completed by Assessment District 159 prior to certification for occupancy, the Developer shall construct all required improvements. The Developer shall also provide an updated traffic analysis as directed by the Department of Public Works to determine the construction timing and the Developer's percent of contribution toward any facilities not completed per the schedules of improvement, tables XV and XVI, for the Rancho Villages Assessment. The Developer shall also enter into a reimbursement agreement with the City of Temecula for the construction of any necessary improvements not completed by Assessment District 159 as determined by the approved traffic analysis. SISTAFMPT%24102ALL.COA 114